Title: Franklin chronicle
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00089928/00014
 Material Information
Title: Franklin chronicle
Physical Description: Newspaper
Language: English
Publisher: Russell Roberts
Publication Date: June 30, 1995
Copyright Date: 1995
Spatial Coverage: United States -- Florida -- Franklin -- Apalachicola
Coordinates: 29.725278 x -84.9925 ( Place of Publication )
 Record Information
Bibliographic ID: UF00089928
Volume ID: VID00014
Source Institution: Florida State University
Holding Location: Florida State University
Rights Management: All rights reserved by the source institution and holding location.

Full Text






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The Franklin chronicle

Volume 4, Number 13

Published every other Friday


30 June-13 July

Temporary Injunction to Protect

Gulf County Fisheries Fails, Case

Moves to Tallahassee

The attempt to secure a tempo-
rary injunction against state
agencies enforcing the "net ban"
Amendment in Gulf County failed
Friday, 23 June 1995, in the 14th
Judicial Circuit Court.
Judge Tom Ellinor, temporarily
assigned to the case, ruled that
there was no danger of irreparable
harm to anyone if the injunction
were not imposed. Gulf County at-
torney, Barbara Sanders, had ar-
gued that the newly created fish-
eries program which provided for
the participation of the County in
the saltwater fishing industry "for
governmental purposes" may in-
volve arrests of Gulf County fish-
ermen who participated in the
County program after 1 July,
1995 unless a preliminary injunc-
tion were imposed.
Preliminary Issues
This was a preliminary attempt to
exempt Gulf County's fisheries
from the net ban Constitutionibal
Amendment which prohibits the
use of gill nets in inshore waters.
The Amendment is not applicable
to the use of nets "for governmen-
tal purposes" or for scientific re-
search purposes.
Two other preliminary issues were
brought forward by the defen-

There were plenty of issues cook-
ing at a June 22 town meeting at
Julia Mae's Restaurant and visit-
ing Senator Pat Thomas was
served his share.
Mindful of the impending net ban,
Thomas referred to the new Con-
stitutional Amendment as "the
biggest miscarriage of justice."
He continued, "It's certainly isn't
going to be a panacea (when the
net ban takes effect)."
Port Authority Chairman Donald
Wood asked that Thomas seek to
retain the Florida Marine Patrol
within Franklin County. "We are
the end of the inter-local water-
way. Carrabelle has a very fine
Senator Thomas also found him-
self caught within a feud between
the east and west end of Franklin
County in the quest for a prison
County Commissioner Bevin
Putnal stated that Apalachicola
already had a prison site that was
close to the county's oyster beds
and he felt that an additional
prison might jeopardize the
county's seafood industry. Putnal
stated that the dense build-up
near the bay had both his
constituents and himself wor-

ried. Putnal requested that his
concerns be passed on to Repre-
sentative Alan Boyd.
County Commission Chairman
Jimmy Mosconis complained that
he was not contacted for a recent
visit of the Department of Correc-
tions to discuss the possible
prison site. "Apalachicola is a per-
ect site," noted Mosconis. He also
stated that he wanted the prison
centrally located.
Senator Thomas cautioned, "I
don't want to get involved in
things that go on in between com-
munities." He said that the prison
would be placed in the best pos-
sible site within Franklin County.
"Franklin County shows up with
the greatest need factor (for a
prison site). Any county would be
enhanced and would enjoy the
economic development that this
,will bring." He concluded, "My
belief in government is that it be
fair and equitable...I feel as close
to the people of Franklin County
as I do my own county."
Oyster Radio Disc Jockey Lee
McKnight voiced frustration over
the Department of Environmen-
tal Protection for not ensuring
protection of the bay's resources.
Continued on page 2

Net Fishers

Protest At


Fishers from Wakulla, Franklin
and Gulf Counties converged on
the Capitol in Tallahassee Tues-
day, 27 June, protesting the "net-
ban Amendment" and seeking to
modify the "Emergency Trawl
Specifications", a proposed rule to
be reviewed by the Governor and
Cabinet that morning.
Ronald Crum and his wife Eloise,
Bruce Millender, and Pat
McFarland, moved from the Capi-
tol rotunda, surrounded with a
crowding press corps of print and
electronic media journalists, to
the Governor's office for a 15-
minute meeting with Governor
Chiles. Pat McFarland recalled the
meeting afterwards for the

Barbara Sanders
dants to the lawsuit, the state ot
Florida Dd t. of Environmental
Protection (DEP), Florida Marine
Ptrol (FMP) and the Florida Ma-
rine Fisheries Commission
(FMFC), through attorney M. B.
Adelson raised the issue of
whether the court had jurisdiction
over the matter and also moved
Continued on page 6

"We sat down and had a nice chat
with him. He's the same Gover-
nor we supported. He is Gover-
nor of the State of Florida and has
to uphold the Constitution and
the law of the land. We know
that...We understand that he has
to look at every contingency, in
case there is violations. We talked
to him about this rule and we
talked to him about the Marine
Fisheries in particular. We did ask
him for an investigation of the
Marine Fisheries. He didn't tell us
he would. He said he would look
into it. We understand that we
can't demand something like that.
He's going to consider it.
"It was an amicable discussion,
as always, with the Governor. He's
Later, in formal Cabinet session,
Ron Crum, Attorney Pat Floyd,
and Bob Jones explained to the

Continued on page 5

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Attorney Frank J. Santry

Injunction Against Net

Ban Enforcement


On Thursday afternoon, 29 June 1995, at 2:30 p. m. Judge Phillip J.
Padovano denied the plaintiffs motion for a temporary injunction to
halt the state of Florida and the Department of Environmental Pro-
tection (DEP) from enforcing the "net ban" Amendment which takes
effect ,1 July 1995. The plaintiffs complaint for a declaratory judg-
hment and permanent njuncti\ve relief continues forward in the judi-
cial process.

Legal action filed by five Florida fishermen in the Second Circuit Court
initially seeks to obtain a temporary injunction to prevent enforce-
ment of the so-called "net ban" Amendment to the Florida Constitu-
tion, which goes into effect 1 July 1995.
The temporary injunction motion was argued by the plaintiffs and
state of Florida defendant agencies before Judge Phil Padovano on
Tuesday afternoon, 27 June 1995, shortly after the Governor and
Cabinet ruled on the "emergency trawl specifications."
This brings the count to three litigations challenging the "Net Ban
Amendment." Fishermen and businessmen Cecil Lale, Dewey Destin,
Jr., Buddy Brown, Julie Al Russell and Mike Davis are suing Gover-
nor Chiles, Robert Butterworth (as Attorney General) and the Florida
Dept. of Environmental Protection (DEP), first seeking a motion for
temporary injunction to stop enforcement of the "Net Ban Amend-
ment". The major thrust of the litigation is to seek a Declatory Judg-
ment and Injunctive Relief on Constitutional grounds.
The Plaintiffs
Plaintiff Buddy Brown and his family have been in the commercial
fishing business in southwest Florida for about 145 years. He catches
and sells mullet and spanish mackerel in state waters, caught com-
mercially with gill nets. Plaintiff Dewey Destin and his family have
been in the commercial fishing business in the western panhandle of
Florida for more than 150 years.
Most of his business involves the use of purse seines and haul seines
to catch and sell various varieties of bait fish. Plaintiff Cecil Lane,
operating on the east coast for about 80 years, and Julie Russell,
operating on the west coast for about 18 years, own fish houses and
wholesale/retail fishing businesses, Nearly three-quarters of their fish-
ing business involves fish caught in state waters with gill nets. Plain-
tiff Mike Davis has been in the fishing business for 30 years on the
west coast of Florida. He previously owned the Cedar Key Fish and
Oyster Company, a fish house which supported approximately 30
individual fishermen.
The Plaintiffs are represented by attorneys Frank J. Santry (Talla-
hassee) and Victoria E. Heuler (Tallahassee).
The judge ruled that the four elements essential to obtaining an in-
junction were not met. The arguments made by the plaintiffs did not
reveal the prospect of irreparable injury, or the absence of an ad-
equate remedy at law. Additionally, the public would not be served
with a temporary injunction. Citing case law, the judge wrote, "An
injunction should not be granted if the result would be to create con-
fusion and disorder or if the result would otherwise cause a public
injury that is greater than the right the plaintiff seeks to enforce."
While the commercial interests of the plaintiffs are substantial, the
interest of the public in the integrity of the political and electoral
process is also substantial. While the plaintiffs may have valid pri-
vate rights and they could ultimately prevail, they have not shown
that a temporary injunction here would be in the public interest.
Then, Judge Padovano spoke to the merits of plaintiffs claim involv-
ing several constitutional issues. He wrote, "the plaintiffs have not
established a substantial likelihood of success on the merits of this
claim." While the judge did not rule on the merits of the case, he did
state that the viability of the plaintiffs claims were certainly in ques-
tion in light of applicable case precedent.
Continued on page 11

Wakulla Request For Tem-

porary Injunction Denied

PlaintiffWakulla County's request
for a temporary injunction to pre-
vent enforcement of the 'net ban'
Amendment met defeat in the Cir-
cuit Court of the Second Judicial
Circuit of Wakulla County today,
in a late afternoon decision on
Friday, 30 June 1995.
Applying the same tests as his
earlier decision in the case of five
fishermen, given on Tuesday, 27

June 1995, Judge Padovano con-
cluded that the County plaintiff
did not present a strong case of
irreparable harm or public inter-
est to be served by a temporary
The Judge also concluded that the
"governmental purpose" excep-
tion to the Amendment was not a
viable argument justifying a tem-
Continued on page 12


Attorney Pat Floyd and Ray Pringle adjust a net for
demonstration to the Cabinet and state press.

Senator Thomas Visits


- ~-- ~ -P~r*sr~Fe~Elkl





pam. -7, i T) ime 19Q9 5 The Frainklin Chronicle

rage WJUJ I 1 7.70 K -A


Published every other Friday

Highway Patrol

Dispatchers Appeal to

County Commission

Hal Dolan addresses the commission.

With the scheduled 1 July clos-
ing of the Florida Highway Patrol
Station in Franklin County, dis-
patcher Hal Dolan took his
twenty-nine years of experience to
the 20 June meeting of the Fran-
klin County Commission and ap-
pealed for support in trying to
keep the station open.
Chairman Jimmy Mosconis said
that he had contacted Fred
Dickinson, Secretary of the De-
partment of Motor Vehicles, but
did not receive any encourage-
ment of being able to preserve the
Patrol Station. Mosconis stated
that the thirty year old facility had
been an asset to both law enforce-
ment and emergency manage-
ment agencies.
"I think we're putting these
people's [law enforcement offi-
cials] lives injeopardy if this thing
[patrol station] closes," said Com-
missioner Bevin Putnal, "And it
don't make sense to get a lot of
money to fight crime and fire
people and hire a bunch of new
ones. We need to do all we can do
to save this facility."
"I don't want to be a pessimist,"
opened Dolan, "but I have to be
realistic. I have to realize that
things are not looking too good for
us. And probably, in about ten
days, we're gonna have to go to
Tallahassee and work out the rest
of our career. It's kind of like a
nightmare and we're not waking
up to it."
Mr. Dolan thanked the board of
county cqolmgsstoners and the
Apalachicola City Commission for
drafting resolutions to the
Governor's Office in support of
keeping the patrol station local.
'Though I think at this point in
time, it's probably going to take a
miracle to save us," said Dolan.
In frustration, Dolan stated that
the dispatchers were notified of

the station's closure on 16 May.
"On such short notice, this is
rough to take. Especially when
you got as many years in as all of
us have." He noted that most of
the dispatchers in Franklin
County had seniority in a eight
county troop, which included
Franklin, Wakulla, Liberty,
Gadsden, Perry, Madison, Leon
and Jefferson Counties.
Dolan said that fourteen dis-
patchers would be allowed to con-
tinue their work in Tallahassee
and that twelve to fourteen dis-
patchers would be laid off
throughout the eight county
troop. The dispatchers office in
Tallahassee, said Dolan, would be
responsible for covering a five
county area. Madison county, he
noted, was able to save its' sta-
He said that one dispatcher in
Tallahassee would be responsible
for twenty-five state troopers and
four supervisors. "It's gonna be a
monumental disaster. I think
common sense has gone out the
window. I think the stress is
gonna be monumental. I'm really
afraid for what's coming up," said
Dolan. I i
Chairman Jimmy Mosconis
stated that he would appeal to
Representative Pat Thomas on
behalf of the Florida Highway Pa-
trol office in Tallahassee. Com-
missioner Braxton and Mr. Dolan
urged the public to voice their
concerns to Governor Chiles, as
well. ,
"The buildingwill not be available.
to the public anymore," s"'f
Dolan, "When we leave at the end
of June the 30th at 11 p.m. that
night, someone's gotta start op-
erating out of Tallahassee. The
highway patrol station will not be
available to the public, to the
tourists, to anybody's that's got
Sany problems."

Senator Thomas from page 1

'W1 5"


Senator Thomas and Lee McKnight chat.

'The real guilty party is walking
away thumbing their noses at us."
He continued, "What's being done
to make sure the fish stocks are
coming back?" McKnight lashed
out at D.E.P. and Virginia
Wetheral for not listening to the
concerns of those in the seafood
industry. "Ms. Wetheal' doesn't
listen to much of anything" He
felt that the state' was forcing
Franklin County's seafood work-
ers to become "cage keepers."
As McKnight questioned Thomas
about what he referred to as the
"Navarro Beach Land Theft,"'
Thomas interrupted and said that
he would address McKnight's con-

cerns after the meeting.
McKnight met with Senator Tho-
mas after the meeting and ques-
tioned why he wouldn't discuss
the Navarro Beach topic during
the meeting. Senator Thomas ex-
pressed anger at McKnight for
bringing up a 1990 issue at a
public meeting. "Don't come
bitching at me about something
that happened five years agol"
After approximately twenty min-
utes of discussion, Senator Tho-
mas gave McKnight a business
card and asked him to contact
him in the future to discuss his

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SCounty Planner Alan Pierce an-
nounced that the tentative jet
ski ordinance would include:
No water craft shall exceed an
idle speed while in the Apalachi-
cola Bay or the Gulf of Mexico
within five hundred feet of the
beach or Bayside shoreline. No
county owned property (with
the exception of boat ramps)
shall be used to launch water
crafts. No water craft shall ex-
ceed idle speed in man-made
canals. No water craft shall be
operated in marshes, wetlands
or vegetation. No water craft,
shall be operated within fifty
feet of the Governor Stone. No
water craft shall be rented .or.
leased outside of commercial
zoning. No water craft shall be
rented or operated after sunset.
The board then moved to set a
public meeting at the next Fran-
kin County Commission Meet-
ing on 15 July at 11:15 a.m. to
discuss and adopt the ordi-,
SThe board moved to surface the
Alligator Point Road 370 with
lime rock twenty feet wide.
County Planner Alan Pierce
stated that the county was
promised reimbursement from
the damage resulting from Hur-
ricane Allison. He stated that
the Soil Conservation Service
promised to repair the walkway,
which was damaged by Hurri-
cane Allison one day after its'
* The board voted to prohibit in-
dividuals from flying model air-
planes near the Apalachicola
Airport. Worried that a model
plane might collide with an in-
coming flight and cause a
wreck, the board of commis-
sioners directed County Engi-
neer Joe Hamilton to post a no-
tice by the airport prohibiting
the flying of model airplanes
within thirty days starting from
20 June.
* The board voted to send a reso-
lution to the Department of En-
vironmental Protection and,
Marine Fisheries Commission,
to keep the East Hole Bar open'
for harvesting during the, sum-,
mer season.
* The board requested Seafood.
Workers Association President"
Leroy Hall to briig recommeq-.
datfons to the'inext county com -
mission meeting for guidelines'
and regulations for the shelling
Mr. Hall stated that the, shell-
ing was done twice a week. He
stated that participants merely
had to provide proof they were
eighteen years old and a resi-
dent of Florida. Commissioners
worried that the work was not
being evenly allocated to dis-
placed seafood workers.
* The board voted to hold a pub-
lic meeting on August 1 to dis-
cuss and review the proposed
Multi-Family development of
Dr. Ben Johnson. Department
of Community Affairs Represen-
tative Susan Anderson stated
that the development, which
was in in an area of regional
impact (Nick's Hole), would re-
quire a notice of proposed
change. Ben Johnson stated
that there were no impending
changes for his proposed devel-
opment plan. "When they (DCA)
see the actual plan that emerges
from the process," said Mr.
Johnson, "We think we're
gonna' be able to resolve any of
the state's issues." Dissenters
of the proposed development
felt that Mr. Johnson was pro-
ceeding without satisfying state
The board voted to apply for a
nine hundred and twenty five
i thousand dollar grant from the
Economic Development Admin-
Continued on page: 3

Lanark Village Water &

Sewer Reach Compromise

With Fire Department On

Land Lease Request

by Bonnie Dietz
The Lanark Village Water & Sewer
Board came to an agreement with
the St. James Lanark Volunteer
Fire Department at their monthly
meeting held 19 June at 7 p.m.
at Chillas Hall in Lanark Village.
After much discussion from
Board Members, citizens present
and members of the St. James -
Lanark V.F.D., the board voted 2
to 1 to grant the Fire Departments
request to lease the land west of
the property owned by the Fire
The Fire Department presented
the Water & Sewer Department
with the request in a letter read
by the Secretary of the Fire De-
partment at the Water & Sewer
Department's meeting held on 23
April. The original request was for
a 200 ft. plot of land running from
the western boundary of the Fire
Department property at the cor-
ner of Collins and Oak Streets in
Lanark Village, to Spring Street,
bordered on the South Side by
Oak Street.
The reason for this request was
to facilitate a planned expansion
of the fire department. The land
requested would be used for
hands-on training and overflow
parking. At the time of this read-
ing, the Commissioners of the
Water & Sewer Department voted
to table the request until the 15.
May meeting of the Water & Sewer
At the May meeting the request
was again discussed and a mo-
tion was made by Commissioner
Garrison to grant the Fire Depart-
ment's request. Commissioner
Shiver stated that he would like
more time to check into the mat-
ter and requested that the matter
again be tabled until the 19 June
meeting. Garrison withdrew his
motion and the matter was de-
ferred to the June meeting.
At the 19 June meeting Commis-
sioner Garrison informed the Fire
Department that the Water De-
partment had received several let-
ters and many phone calls from
citizens who were against the Fire
Department's request. One letter
suggested that the land have a
100 ft. buffer facing Oak Street,
and that the matter be tabled
until more residents were present
in the village. Other letters were
completely against the idea.
The ;Secretary of thertre Depart-
mentread thefollowing statement
to the9.BpardpoCmpm issioners:
- "As a W&S-'Dfstrict paving cus-
tomer and a member of the Board
of the St. James-Lanark Volunteer
Fire Department, I would like to
make this statement. I would
hope the W&S Commissioners
Will not allow their judgment to
bbe swayed by letters :rom people
who are basing their opinion on
rumors and not the fac ts. The Fire
Dept. is a volunteer nonprofit or-
ganization whose 'members and
board receive no monetary com-
pensation for their time and ef-
forts; whose sole purpose is to be
the best we can be to enable us to
serve Lanark Village and Sur-
rounding areas with the best pro-
tection and service available. The
only reason we have requested
this land lease is to provide our
'volunteers, who put their lives on
the line to serve their neighbors,
with the best possible training.
Our goal is to enlarge our present
station with the addition of a mul-
tipurpose training facility. The
proposed building addition will be
.constructed on the land the fire
department now owns. We have
no intention of building any per-
manent structures on the W&S
land requested for lease. The main
purpose of our need for the land
is a larger area to be used for
hands on training and overflow
parking when needed. We could
and will produce letters if need be,
from property owners in Lanark
Village who are in favor of this
proposed lease. It is my sincere
hope the commissioners will

make their decision based on the
needs of the Community as a
whole and the improved service
this land lease will allow us to
provide, and not the individual
requests of a handful of part time
residents who do not have all the
facts. The Fire Department's only
goal is to be able to serve our fire
district to the best of our ability
and to be the best equipped and
trained Volunteer Department in
North Florida."
Commissioner Lawlor stated that
if they have to table this matter of
business until the winter resi-
dents were able to attend, then
the Commissioners should also
table all other business handled
on a monthly basis until the win-
ter residents are back.
Phil Shiver, commissioner, was
adamant in his opposition of the
proposed land lease, stating that
the Water & Sewer Department
should not divide up any more of
their land and didn't see why the
Fire Department really needed the
land. Rumors abounded that the
Fire Department was planning to
build a permanent structure on
the proposed land.
The Chief of the Fire Department,
Bud Evans, assured the Commis-
sioners that the Fire Department
is not planning to put any per-
manent structures on the land.
He further stated that the pro-
posed Training Facility would be
put on the Fire Department's ex-
isting lot, directly behind their
present building.
Commissioner Garrison asked if
the Fire Department would accept
a 100 ft. deep plot of land with a
100 ft. buffer of natural vegeta-
tion fronting Oak Street. The Fire
Department said that this would
meet their needs.
Garrison then proceeded to make
a motion to that effect, stipulat-
ing that it would be a 10 year lease
with a 10 year option to renew, at
a cost of $10 a year. Either party
could cancel the lease with a 60
day notice of intent, and the Fire
Department would pay any filing
fee and Lawyer fee to have the
papers drawn up. The motion was
seconded by Commissioner
Eawlor. The motion carried two to
one with an adamant NO from
Commissioner Shiver.

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Other business handled by the
commissioners at this meeting
was how to handle delinquent
accounts. Lawlor made the mo-
tion that delinquent accounts pay
a late fee of 10% on the entire
balance due, not just 10% of one
month's bill. Motion seconded and
carried. It was also voted to put a
lean on the property of delinquent
accounts which are more than 60
days past due.
It was discovered that the meter
at Inner Harbor is not giving ac-
curate readings, so this problem
is being addressed as soon as
possible to make sure the water
ills paid by Inner Harbor are ac-
curate. A motion was made to
spend up to $1300 to repair the
meter. Motion passed unani-
Mr. Shiver informed those in at-
tendance that the new control
panel they purchased wasn't
working and is being repaired at
no cost to the District. Shiver .also
discussed a recommendation
page to go with a Liquid Chlorine
System as opposed to a gas sys-
The problem of water consump-
tion was again addressed. Shiver
said that the voluntary conserva-
tion by customers has helped
some, but not nearly enough. The
district is still using more water
than it Is allotted. The discussion
turned to metering residential
customers. Florida Rural Water
said it would cost $150,000 to
switch to meters if the district in-
stalls them themselves, as op-
posed to a cost of $250,000 if the
job is contracted out.
Southern Water Service will take
over all testing effective 1 July.
This will save the district money
and they will only have one bill to
pay. There was a unanimous vote
to accept Southern Water's bid for
the work.
The Resolution for the Settlement
with the residents south of Hwy
98 will be sent to Mr. Lewis, the
attorney for his approval and will
be read and voted on at the 17
July meeting.
There was also a unanimous vote
to include the sewer system in the
current water moratorium which
is effective until October.


ii~F~e I$k~~+ dL"
t r, ~Lc~

Y UUllblltu u u v kFILLml K %--IJ


A team of University of South
Florida archaeologists has re-
turned to Northwest Florida this
summer for another expedition in
search of evidence of past Native
Americans in the Apalachicola
River Valley.
Based in Blountstown, an hour
west of Tallahassee, the archae-
ologists are conducting test exca-
vations at the Yon-Mound Village
site estimated to be at least 1000
years old, and also surveying the
entire 107 mile long river valley
to document evidence of damage
to prehistoric sites from the 1994
record flooding in the Florida pan-
Dr. Nancy White of University of
South Florida's Department of
Archaeology and her graduate
student assistants, Tim Squares
and Ken Russell, are directing
excavations of several test
squares at the Yon site.
The research goals here are to
document the site layout, look for
evidence of many different groups
living there over the centuries,
obtain charcoal for radiocarbon
dating, and reconstruct past di-
ets, ecosystems, and changing
lifestyles from plant and animal
Thought to have been built by the
latest prehistoric peoples of north-
west Florida (the Fort Walton cul-
ture) the Yon Mound is a flat-
topped temple mound intended to
support ceremonial structures.
Typically there would be a plaza
in front of such a mound for group
activities and a village surround-
ing the plaza. White's team is
looking mostly in the village area
for evidence of domestic or cer-
emonial structures which could
provide social or religious infor-
The second archaeological project
involves the study of the river and
stream banks to see if the mas-
sive flood damage suffered here
last year disturbed or destroyed
any significant archaeological
sites or uncovered any new ones.
Soils will be studied to determine
the difference between effects of
regular annual flooding in late
winter and the record summer
floods of 1994. Information and
materials such as stone or ce-
ramic artifacts may be salvaged
from damaged areas. The flooded
.sites project will continue during
the summer of 1996 as well.
In this rich valley there is an ex-

tensive record of human occupa-
tion for over 12,000 years. White
has been directing a research pro-
gram in this valley for a decade.
The National Oceanic and Atmo-
spheric Administration has just
published a report of excavations
at six sites (4 shell mounds built
up over 4000 years, a creekside
hunting camp dating to 300 A.D.,
and a late prehistoric village and
cemetery). For this year's survey
and excavation work, many local
artifact facilities are made avail-
able to the project participants by
the Civic Center, and the students
have been warmly accepted by
Calhoun County residents.
These scientific projects are sup-
ported by historic preservation
grants from the Florida Depart-
ment of State to help document
and preserve Florida's extensive
prehistoric human record.
As a way of bringing the findings
to the public, the team will hold
an Archaeology Day on 8 July in
Blountstown at the Civic Center
(on Highway 69 North) with arti-
fact displays, stone tool-making,
spear-throwing, slides, lectures,
and other activities. Archaeolo-
gists recognize a major obligation
to include public education as a
component of scientific research.
In conjunction with the Civic Cen-
ter, White's group has already
published a popular booklet on
the archaeology of the Apalachi-
cola Valley. Many people who
hunt, fish, or otherwise enjoy the
rich forests, streams, and bays of
Florida today are fascinated to
learn how prehistoric peoples
used these environments over the


10 a.m. 4 p.m. CST
Artifact Identifaication and
Stone Tool Making
Spear Throwing
Book Display
Slide Lecture on Florida
Archaeology: 1 p.m.
Bring your own artifacts to show,
share information. Find out ar-
tifact type names and ages.
Presented by Archaeologists
from the University of South
,- .Florida, Tampa.

Prison Prospects

Looking Dim
Franklin County Commission
board members Jimmy Mosconis,
Bevin Putnal, Raymond Williams
and County Planner Alan Pierce
met Department of Corrections
personnel on June 28 in Tallahas-
see to discuss possible prison
sites in Franklin County.
Bill Thurber with the Department
of Corrections stated that the
D.O.C. was interested in a site
with two hundred and fifty acres
of land that could provide a waste
water treatment plant. The prison
would cost seven million dol-
lars to build and would provide
approximately eight million dol-
lars for an annual payroll.
"But we've got to move here,
folks," continued Thurber, "We're
at the point where we're usually
at three months before appropria-
tions." Mr. Thurber stated that if
the D.O.C. could not find an ap-
propriate site by mid-July, they
would search for another county
to put the proposed site.
"We've got to have a lot of guar-
antees," said Thurber, "we've been
burned quite a few
times...Franklin County is a pri-
ority, but we can not obligate the
state for something that we don't
have resources appropriated for."
Personnel from the D.O.C. favored
a site by the Apalachicola Airport,
because the site provides a waste
water treatment plant. However,
the property would only afford
ninety acres of land. To obtain the
needed land, Franklin County
would have to purchase the bal-
ance from Port St. Joe. Chairman
Mosconis stated that Port St. Joe
had already turned down offers
to sell the needed land.
Chairman Mosconis also pointed
out that, in case of a hurricane,
there would be no means of
evacuation for close custody in-
mates. He said that close custody
inmates could not be evacuated
in vans or buses. The Apalachi-
cola site, he felt, was too close to
the bay in case of a serious hurri-
Commissioner Putnal opposed
dense development near the bay.
"If we keep piling stuff near the
bay, you're gonna' destroy it for-
ever." Putnal stated that flooding
and heavy rainfall may cause con-
tents from the waste water treat-
ment plant to go into the bay and
cause irreparable damages.
Randy Dender from the D.O.C.
said that the existing treatment
plant in Apalachicola would save
nearly eight million dollars in con-
struction costs. Don Esry said
that the Department of Environ-
mentalProtection did not encour-


Concerned Property Owners

on St. Geo Seek to Defeat

Resort Village Phase 1 Plan

age building extra waste water
treatment plants if it could be
Commissioner Putnal mentioned
the possibility of using land near
the county jail on Highway 65.
Donald Esry from the D.O.C.
stated that the Department of En-
vironment Protection had in-
formed him that there was "no
way on God's green earth" that the
property could be used due to the
surrounding wetlands.
Chairman Mosconis stated that
the property on Highway 65 had
recently been "cleared and
stumped" and may be a plausible
prison site. "My feeling is that if
you had thisthing set up on High-
way 65, both ends of the county
would be accessible to this place.
And it's gonna' be away from a
populated area."
Don Esry stated that the prison
site would require one hundred
and fifty thousand gallons for
waste water and two hundred
thousand gallons for drinking
water. The proposed site would
house approximately twelve hun-
dred inmates. The facility would
employ approximately three hun-
dred D.O.C. staff members.
"The Governor's Office is commit-
ted to getting us one of these pris-
ons and we want one of them,"
said Mosconis. Thurber replied
that the Governor's Office would
more than likely accept any rec-
ommended site that the Depart-
ment of Corrections submitted.
Thurber stated that, if Franklin
County was unable to secure a
site for a prison by mid-July, then
the county might think about ob-
taining a site for the next fiscal
year. Randy Dender requested
aerial maps, contour maps and
boundary surveys of any possible
site that the county wanted for a
As of June 28, the two possible
sites that the D.O.C. will look into
for a prison construction are lo-
cated on Highway 65 & 67.

News from the Sheriffs Department

Sheriff Warren Roddenberry has
announced that Floyd Parramore
gave himself up to Apalachicola
Police Department Officer Sonny
Whitehurst Tuesday evening, 20
June 1995, who returned him to
the Franklin County Jail. It is
believed that Parramore has been
in hiding up the Apalachicola
River since his escape. Parramore
is scheduled to appear before cir-
cuit court on 10 July 1995.
Franklin County Sheriff Warren
Roddenberry announced on 19

June 1995, effective immediately,
his deputies will no longer open
locked car doors except in an
emergency situation. If the
sheriffs office is contacted by
someone who has locked their
keys in the car, his dispatchers
will help by contacting one of the
several locksmiths in the area.
The new policy has been put into
effect mainly due to the sheriffs
office heavy workload and be-
cause of liability associated with


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According to their attorney, Pat
Floyd, Port St. Joe, the Con-
cerned Property Owners of St.
George Plantation have filed a
petition against the wastewater
and stormwater plans for Resort
Village scheduled to be heard in
September. The group has also
filed petitions against the pro-
posed use of septic systems by the
Resort Village development.
The Concerned Property Owners
(CPO) in the Plantation on St.
George Island released their
newsletter last week and urged
the Franklin County Commission
to reject the Phase I plan for Re-
sort Village, as submitted by Dr.
Ben Johnson in early June. The
CPO letter urged the Franklin
County Commission to "...reject
this 'piece-meal plan' for a 10 acre
portion of this property which cir-
cumvents the review necessary to
determine the impact of the total
development of these 57 acres."
The newsletter continued, "...The
alleged Johnson-POA agreement
of 1992 has kept our association
from acting on behalf of the ma-
jority of owners who oppose high
density development in the Plan-
tation. Therefore it is very impor-
tant for you as a Plantation owner
to express your views on how this
commercial proposal affects you."
The CPO letter also reminded
readers that the wastewater hear-
ing on the Resort Village proposed
wastewater treatment facility
would occur on 5-7 September,
adding "...This hearing is very
important because a permit for a
sewer plant will influence the in-

tensity of development that can
be approved." The concluding ap-
peals in the CPO letter included
requests for financial support to
continue opposing the Resort Vil-
lage development.
Readers may communicate with
the CPO group by writing Dr. Tom
Adams, Post Office Box 791, East-
point, FL 32328.
There is still a continuing dis-
agreement among various entities
involved in the Resort Village pro-
posals, including attorneys for Dr.
Ben Johnson, the CPO group, the
Dept. of Community Affairs (DCA)
and the Franklin County Com-
mission on the issue as to what
kind of hearing is required follow-
ing the decision by the Governor
and Cabinet sitting as the Land
and Water Adjudicatory Commis-
sion. That body rejected the find-
ings of the administrative officer
and sent the entire matter back
to the County for hearings. DCA
insists that an amendment to the
Development Order and DRI are
Resort Village attorneys argue
that a local land use hearing as
spelled out in the 1977 Develop-
ment Order is all that is neces-
sary. State oversight on such
matters as the wastewater treat-
ment plant will be forthcoming in
that review in September. Last
Week, at the Franklin County
Commission meeting on Tuesday,
20 June, the Commission set its
hearing for Tuesday, 1 August,
preserving its perceived preroga-
tives of handling the matter as a
local land use decision.

Briefs from page 2
istration (EDA). The grant re-
quires a twenty-five percent
match from the county. The
commissioners said they would
probably construct a seafood
processing facility near the
Apalachicola Airport with the
grant. However, the board was
not exactly certain what they
would do .if they received the
EDA Grant.
* County Attorney Al Shuler no-
tified the board that he had filed
an injunction for the county
against Inner Harbour Hospital.
Shuler estimated that the level
eight program would cost the
county sixty thousand dollars
per .yar with housing (at the:
Franklin County Sheriffs De-
partment) and medical ex~r
penses included.

The Franklin Chronicle -. 30 June 1995 Page 3


Piihii.-.hed everv other Fridavv


Hwy. 319,, CRAWFORDvff jF, e

Page 4 30 June 1995 The Franklin Chronicle


Published every other Friday

Editoriaand Commen

come.Signed by over 26 fishers from Wakulla and Franklin Counties, with more to

Lewis Letter Criticizes Tallahassee Democrat

Excerpts of a letter read by Van Lewis, former fisherman and
seafood dealer, before the Governor and Cabinet, at the Capi-
tol, Tuesday, 27 June 1995. Mr. Lewis' letter is directed to the
Tallahassee Democrat and editorials previously published which
have supported the net ban and criticized the fishers. He read
his letter just before the Governor and Cabinet voted to adopt
the so-called "Emergency Rule" on Trawl Specifications. The
rule was published in the last issue of the Chronicle, 16 June
1995. The Lewis letter follows:
In the first editorial you claim fishermen "should...play by the new rules come
Saturday. Fishing for loopholes isn't playing fair." (As if you or the majority of
the people of Florida know or cared anything about fairness in fishing.)
This is no a game. This is not "play". This is real life.
This is not an "...amendment that robs many of their commercial fishing live-
lihoods." It is attempted class and cultural genocide. It tries to obliterate an
ancient, honorable way of life, so that the rich can play.
It will fail.

/ "Mutinous netters must keep dissent within legal limits", pleads your firs
"Legal"? According to whom? Your. obscene amendment is not legal.~o4t i
.,. unconstitutional. It does not provide us or our families with equal protection
i of the law. We will fish come Saturday, and thereafter, just as our families
. have for centuries. Your "law" cannot stop us.
It is very important for oppressed people to disobey illegal "laws", and to do sc
nonviolently, as we were so carefully and painfully taught by Martin Luther
\ King, Mohandas Gandhi, Leo Tolstoy, Henry David Thoreau, and Jesus Christ
Non-violent civil disobedience is exactly what we plan. We're goin' fishing'
And we're not gonna hurt a single soul.
; In your second editorial you admit that Florida has failed miserably to-provide
c any significant help to fishing families and.-ornmunties.. Atthis-late date
Because the Lgislature.'once again ducked its moral obligations ..'. yve
Sbegffor a "leader" from the 'bigbureaucracies", "...to reaohout to commercial
fishing employees In need." -
You insult us. We did-not .put (ourl hopes in the Legislature..." elier W\
do not put our hopes in bureaucrats now. We do not leave our fates in the
hands of the courts. Our hope is in God and in God's good creation, in God's
Good fish, made for our friends the porpoises, for us and our children, and for
you and your children, to eat.
The leaders you're looking for are us, the fishers, the men and women who wil
be on the water come Saturday, fishing still, conscientiously and non-vio
lently disobeying your unjust law as a public service to the people of Florida
When you passed this discriminatory net-ban, you knew not what you did.
We urge all commercial fishers to save our way of life by fishing with us Satur
day, especially July 4th, and from now on. The only way we can be fishers is
to fish.
SIt may not be mullet, but in jail at least we will eat, and they will be feeding u
for a change. Jail now is our home. It is where we all belong. Let's fill 'em u
and keep 'em full until this-evil law, this unconstitutional amendment is dead
See you there.

I V 904-385-4003 (TALLAHASSEE)
boN' Facsimile 904-385-0830
Vol. 4, No. 13 30 June 1995-.
Publisher Tom W.Hoffei
Editor and Manager.................. Brian Goercke
Contributors Paul Jones
..:...... Bonnie L. Dietz
: ............ Rene Topping..
......... Wayne Childers
.......... Laura K. Rogers
........... Amanda Loos
.........Becky Shirly
Survey Research Unit ... Toi W. Hoffer
............. Eric Steinkuehler
Sales Manager Teresa Williams
Computer Systems,
Advertising Design,
Production and Layout ............................ Christian Liljestrand
............ Eric Steinkuehler
.......... Audra Perry
........ Mary Beth Meinberg
..... .... Phillip R. Salm
Circulation Lee Belcher
......... Bonnie Dietz
Citizen's Advisory Group
Sandra Lee Johnson Apalachicola
Grace and Carlton Wathen ...................... Carrabelle
Rene Topping ........... Carrabelle
Pat M orrison ............................................ St. George Island
Tom and Janyce Louthridge .................... St. George Island
Elizabeth and Jim Sisung. .. Eastpoint
Bedford and Eugenia Watkins ................. Eastpoint
Wayne Childers ............. .... Port St: Joe

Back Issues
For current subscribers, back issues of the Chronicle are available
free, in single copies, if in stock, and a fee for postage and
handling. For example an 8 page issue would cost $1.75 postpaid.
To others back issues are priced at 350 each plus postage and
handling. Please write directly to the Chronicle for price quotes
it you seek several different or similar issues. If a single issue,
merely add 350 to the price quote above. In-county subscriptions
are $16.96 including tax. Out-of-county subscriptions are $22.26
including tax.
All contents Copyright 1995
Franklin County Chronicle, Inc.

Raymond Massey
Carlos Taff
Jim Nichols
Earnest Durham
Mr. & Mrs. Tim Wilson
Charles Jakes
Allan Rankin
Raymond Porter
D.E. Lynn
Keith Ward
Tony B. Ward
Alex Nichols
Sam A. Sanders
Edwin J Porter I
Edwin J Porter 11
Virgil A. Robison
Deloris Robison
John Robison
Greg Hurley
Vera Hurley
June Hurley
Bobby Robison
Heather Swain
Rev. Henry Forbes
Mrs. Lee N. Spears
Jonas Porter

St. Marks
St. Marks
St. Marks
Spring Creek
Spring Creek
Spring Creek
Spring Creek
Spring Creek
Spring Creek
Spring Creek
Spring Creek
Spring Creek


Fisheries Issues

Cautionary Note

"Hot Lines," a newsletter of the
Southeastern Fisheries Associa-
tion, Inc. issued a cautionary note
to its members, with the follow-
"As we enter this most important
phase of our challenge, we ask
each of you to conduct your busi-
ness in the professional manner
the public has at last begun to
recognize and respect. We have
faith that the courts will provide
the protection to our citizen fish-
ermen that our founding fathers
contemplated and our system was
designed to guarantee. The con-
duct of every commercial fisher-
man will be received, rightly or
wrongly, as a reflection of us all.
Let's make this reflection one we
can be proud of."


Big Brothers/Big
o Dear Editor,

Big Brothers/Big Sisters has bnen
working very hard over the past
year to meet the ever increasing
e demand for our services in the
Franklin Countv area. We look
S forward to great success in bring
S ing'chfildren and adults together
through a Big Brother/Big Sisters
match. Our mission is to make a.
e difference in our community by.
s providing positive role models for
r our impressionable youth.
However, our volunteer effort suf-
1 fers from a severe lack of fund-
ing. Our nonprofit, volunteer
based organization is exploring
every available avenue for private,
local, state, and federal grants
and donations. Though we have
s had some success, we are far frqm
meeting our small budget.
S We need your help With your dco-
nation, WE can see this excellent
nationwide program expand 5n
Franklin County! Without your
.help, Big Brother/Big .sisters will
be forced to cut back services in
SFranklin county. Please take this
Opportunity to make a tax deduct-
ible donation to a worthwhile pro-
gram that is improving this
county. It will make a difference
Sin a child's life.
Please visit our concession stand
and buy a T-Shirt or Raffle ticket
on St. George Island or Battei'y
.Park in Apalachicola from 3:0,9-
9:00 phm. on the 4th of Julyl
Thanks for your support
S Address:
Big Brothers/Big Sisters of.the
Big Bend, Inc.
c/o Frank Williams
Franklin County Courthouse
Apalachicola, FL 32320
Frank Williams
BB/BS Franklin County Board

,,C~eVrate F]orj,,

The Civil War
In January 1861, Florida became the third state to leave
the Union, subsequently joining the Confederate States of
America. During the 1850s, Florida's political leadership
had supported the growing secessionist movement, al-
though a strong unionist minority also flourished In cer-
tain portions of the state.

Union forces continued to occupy parts of the state, in-
cluding Fort Pickens, Key West and Fort Jefferson. Early
in the war Pensacola was the scene of much military activ-
ity, as Confederate forces gathered there in an effort to
capture Fort Pickens. Several bombardments and an at-
tack on Santa Rosa Island took place in late 1861. In early
1862 most Confederate troops were transferred from the
state to more active theaters of the war, and Union forces
also occupied Fernandina, Fort Clinch, St. Augustine and
Jacksonville (which would be occupied four separate times
during the conflict).
Florida provided some 15,000 soldiers to the Confederate
armies, as well as more than 2,000 men, black and white,
who fought for the Union. Women made valuable contribu-
tions on the home front, working on farms, providing cloth-
ing and other supplies for the troops, and generally serv-
ing in many roles previously occupied by men. Florida cattle
fed troops from both armies, and the state's coastline was
the site of many small salt-making operations, which
proved essential for the preservation of meat. Blockade
runners also utilized Florida's long and remote coastline
to smuggle supplies in and out of the state.

County Reacts To Patrol Closure

Franklin County |
P. O. Box 340
Apalachicola, FL 32329-0340
(904) 653-8861 .
(904) 653-8861

June 20, 1995
Governor Lawton Chiles
The Capitol
Tallahassee, FL

Dear Governor,
Enclosed is a resolution adopted by unanimous vote. of the
Franklin County Board of County Commissioners. We strongly op-
pose the closing of the Flonda Highway Patrol station m Eastpoint.
This station has served with distinction in our county and its closure
puts the senice and response of the dedicated troopers in our area in
a dangerous predicament.
Franklin County is not easy to get to. and it is not easy to
communicate out of It is unacceptable to us and to the people of this
county to have these dedicated lawmen possibly out of radio reach
with the dispatch center in Tallahassee when the weather turns poor.
or when the trooper happens to need assistance when they fall into
one of the several dead zones in the county.
Besides the day to day responsibility of monitonng US 98. a
S-heavily traveled road that is only getting more traffic. the troopers of
Franklin County are relied upon b\ the Franklin County Shenlrs
Office and the Emergency Management Office to provide traffic con-
trol and general assistance during evacuations. In the past two years.
there have been three evacuations of parts of the county'. These e\acu-
S.,ations would have been seriously hindered if the local officials were
forced to coordinate trooper placement through a dispatch center 75
Smiles away, and a dispatch center that wvas monitonng events in five
other counties with a single radio console. It would not have worked
in the past, and it will not work in the future.
Franklin County is one of the most remote ares of Troop "H".
It is imperative that a dispatch center remain m the county for the
safety of the troopers who serve us. The hurmcane season is upon us.
If for no other reason than public safety, please keep the dispatch
center in Eastpoint open until the central dispatch in Tallahassee is
fully operational and is proven that it can handle five counties.
Jimmy G. Mosconis

A Rustic Beauty. Cypress interior with huge exposed beams. Open floor
plan, beautifully crafted home. Wooded setting with raised garden,
workshop, guest cottage. Indian Pass location near beaches (RW103).

CallUsl Today!
904/653-2555 (Apalachicola Office)
904/697-HOME (Carrabelle Office) 71 Market St.
904/653-9161 (FAX) Apalachcla, FL
904/653-2589 (Evening) Each Office 3ndependentl
a vOwned and Operated
Member of the Franklin County
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The Peterson and Neal families wish to acknowledge, with
deep gratitude, the heartfelt expressions of sympathy and
compassion extended to us following the death of our be-
loved Carlotta. The willingness of our neighbors, and friends
throughout North Florida, and especially this community to
share our grief has been an enormous comfort to us all. Your
prayers, understanding, compassion, cards, flowers, food, and
charitable contributions will never be forgotten. We know
Carlotta has found peace with her loving Lord and we know
she will continue to share her love for us from Heaven.

I I- I- -- I- I I- -





The Franklin Chronicle 30 June 1995 Page 5

Pulse ever ote FrdyALCLY WE ESAE

Summer Fun Program
Honors Community
Leaders at Luncheon

Red Rabbit owner Lee McLemore with WINGS children
The Summer Fun Program for the children of Apalachicola prepared
a buffet lunch for the Apalachicola City Commission on 29 May. How-
ever, the children were not able to thank their city fathers in person,
as they chose not to attend the function.
"The children wanted to thank the city commissioners, store owners
and other volunteers for funding and providing food for the six-week
program," said Benita Judson, who is the Summer Fun Program
Those public officials attending the luncheon included County Ex-
tension Agent Bill Mahan.
The children were particularly grateful to Lee McLemore, Owner, and
David Pryor, manager of the Red Rabbit Food Lane in Apalachicola.
Mr. McLemore attended the event and mingled with the program's
managers, children and guests. The Red Rabbit has donated enough
food to the Summer Fun Program to be able to provide free breakfast
and lunch meals for every participating child since the first week of
the program, which began on 6 June.
The children have also received donations of luncheon meats and
breakfast cereals from Elton and Mary Hill, managers of the Emer-
gency Food Bank at the Holy Family Center and Sister Sheila Griffin
of the Martin House.

Other donors to the Summer Fun Program include Phil and Shirley
Dunaway of Market 98-West, who have contributed fresh produce.
Wayne Dooley, owner, Jack Frye, manager, and Andy Williams, deli
manager of the Gulfside IGA Store in Apalachicola have also donated
styrofoam plates and Arts & Crafts supplies.
The Summer Fun Program will come to a close on 14 July. The pro-
gram, which operates on a $3,500 grant approved by the Apalachi-
cola City Commission, is administered by the Forgotten Coast The-
atre on behalf of the Apalachicola Recreation Board. The program is
held at the Apalachicola Community Center.
Other Summer Fun sites include:
1. The Chapman Elementary Gym supervised by Mark Elliot
2. The Franklin Square Recreational Center supervised by Coach Lane
3. The American Legion Building supervised by Dorothy Hill.
The Summer Fun Program at the Apalachicola Community Center is
supervised by the program's Director Jack Dakota, Manager Benita
Judson and Assistant Manager Melissa Lee.
Over eighty children have signed up for the Summer Fun Program at
the community center and nearly fifty children attend regularly. The
program is available to youths from five to seventeen years of age.
Parents are requested to provide two hours of volunteer work for the
program. At present, noted Dakota, only one parent has volunteered
or the program.
The Summer Fun Program is open Monday through Friday from 9
a.m. to 5 p.m.
Activities at the Summer Fun Program include ball games, arts and
crafts, a dance club, an etiquette class and a library reading class.
Manager Benita Judson expressed her enthusiasm with the program.
"I have three kids. If I can work and discipline my kids, I believe I can
provide the kids in this program with a better outlook on life."
"Ms. Judson possesses wonderful management skills," said Mr. Da-
kota, "She knows how to supervise, entertain and discipline children
fairly." He concluded, "I am hopeful that Ms. Judson will serve as our
Summer Fun Program next summer."
Assistant Manager Melissa Lee thanked the Apalachicola Police De-
partment for its' support. "We've been pleased with the increased pa-
trols by the city police since our Summer Fun Program began. We're
grateful for the police officers' additional, watchfulpresence."
Manager Jack Dakota thanked Recreational Board members Carl
Petteway and Coach William Lane for their support. "I'm certain that
we're going to have another successful Summer Fun Program at the
community center."

Protest, continued from
page 1
Governor ana Cabinet me proo-
lems connected with the Marine
Fisheries proposed rule after the
MFC Head, Dr. Robert Q.
Marston, had made a presenta-
tion on the rule. The complaints
are discussed in the captions to
pictures accompanying this story
so will not be repeated here.
There was concern among the
fishers and attorney Floyd that
without certain language involv-
ing footage in the Golden-Crum
net and other nets, the Marine
Patrol might use their own inter-
pretation in assessing if a fisher-
man was complying with the net
ban requirements.
Floyd reiterated that he wanted
the Governor and the Cabinet to
understand these differences.
Then the Governor interrupted
with, "...I learned a long time ago
counselor when I had something
going my way, I would shut up
and sit down." Floyd retorted
with: "But if you're afraid they
might wiggle out the back door,
you have to make sure you close
the back door." (Laughter).
Floyd then waved a fax in front of
the panel, which he received from
the Florida Marine Patrol, indicat-
ing the approved maximum slant
for a net with a circumference of
66 feet, was 15 feet. This was in-
consistent with the Judicial opin-
ion rendered by Judge Davey.
"Now, I understand what you're
saying," Floyd said, "but I want
you to know that there is a basis
for distrust of these people on the
Marine Fisheries Commission
staff. Their inclination was to cir-
cumvent the Daveyjudicial opin-
Floyd requested that substitute
language be placed within the
MFC proposed rule or that the
entire rule be scrapped. Other
speakers followed.

The Governor then announced
that length would no longer be a
factor and that he would so in-
struct the Marine Patrol through
their chain of command. "I intend
to instruct the patrol that length
is not a factor," he said.
With this statement, the Gover-
nor raised more questions than
he answered since the Amend-
ment does place a ceiling of 500
square feet on the total net size.
Removing length as a portion of
Sthe mathematical calculation ar-
riving at the total square feet,
there now appears to be an ad-
ministrative directive that is in-
consistent with the "net ban"
Amendment requirement.
However, the Cabinet-approved
rule is a 90-day rule which will
be replaced with a permanent rule
presumably Incorporating any
changes in litigation arrivedat by
September. The Florida Supreme
SCourt has decided to hear argu-
ments regarding the Davey deci-
sion and the method of calculat-
ing total square footage in the
Crum-Golden net.
So, the Governor and Cabinet,
having heard the deficiencies of
the MFC proposed rule. but un-
able to amend the rule because
of notice requirements, decided to
approve the proposed temporary
rule anyway.
Van Lewis, a member of one of
"Florida's fishing families going
back to years before Florida be-
came a state," was the last
speaker before the formal Cabi-
net meeting. Lewis read a re-
sponse to editorials run in the
Tallahassee Democrat. His book
was signed by 26 other fishing
families and is reproduced else-
where in this issue.



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6 30 June 1995 The Franklin Chronicle


Published every other Friday

Gulf County Injunction
from page 1
for a change of venue. Judge
Ellison eventually granted the last
motion, thereby clearing the way
to move future proceedings in Tal-
The question of jurisdiction ap-
parently becomes moot but the
plaintiffs attorney, Ms. Barbara
Sanders wondered aloud why the
2nd Circuit sitting in Tallahassee
had jurisdiction and the 14th Cir-
cuit Court in Gulf County did not.
Adelson cited precedent cases in
which previous courts have ruled
that in cases of lawsuits against
state agencies, the litigation
should be heard at "home base"
or the state capitol for purposes

Ray Pringle stated, "...Every time we try to do something
and to do it within...the law, then we have the Marine
Fisheries Commission coming back and...put in place [laws
that keep us from] making a living at all."

He explained that the net that is now legal for the "net
ban" Amendment could also be used for fin fish, jelly fish,
shrimp, etc...."We don't have all the money. We're law-
abiding American Floridians trying to make a living on the
water. We've done it for generations. We're good, hard
workers...very able to survive, but if these guys keep
imposing all these rules on us without any biological or
economic data, we're dead in the water..."

Mr. Pringle works in the seafood industry in alternative
methods, from Cortez, Fla. He is also working with Jack
Rudloe on processing and exploiting jelly fish.

Mr. Ron Crum is pictured behind Ray Pringle

Letter of Ronald Crum
Excerpts of a letter from Ronald Crum, Panacea, to Governor
Chiles, dated 26 June 1995, in which he outlines his complaints
about the Marine Fisheries Commission and his plans to "block
the doors" of the Capitol on Tuesday, 27 June 1995. Mr. Crum
did fulfill his promise as he blocked the doors to the Cabinet meet-
ing room, temporarily, and was arrested. He was released on his
own recognizance. He and others met with Governor Chiles be-
fore the Cabinet meeting, and that is reported elsewhere in this
issue. First, the letter:

Dear Governor Chiles,
Within a short period of time the fisherman on the coast will (lose) a way of
life and their jobs. because of an issue that I think should never have hap-
pened if the laws of this state were strictly followed...
Governor, after months of investigation it seems to be clear that Florida Stat-
ute 370.025... is strictly... protecting Florida Marine Resource, along with
protecting social and economic well being of it's people. It appears that there
was no real consideration given for the outline as to how MFC was to operate
according to the statutes, no real consideration by the staff. I am convinced
that violations of .025 brought about chaos, turmoil and after ten(10) years
brought about the constitutional amendment. I am also convinced that the
two user groups in chapter 370.025 sports fishing and commercial fishing
there should be equal representatives, but the most important statement is
that there shall never be a single interest to dominate the commission.
It is very clear to me after a thorough investigation that it has a majority of
preservationist, without a knowledge of either sports fishing or commercial
fishing and this leads to the ability of the staff to totally control the commis-
sion. This flow of information caused great economic harm to the people of
this state.
On or about November 8, 1994, I approached the commission on an issue of a
500 square foot net of nonentanglement, outlined by the constitutional net
ban amendment. I very calmly approached the staff of the Marine Fisheries
Commission(MFC), offering approximately three(3) months of research and.
development of a net less that 500 sq. ft. that would (meet) the requirements
ofconstitutional amendment, but at the same time be economically feasible. I
was harshly received by the staff and basically told to go away and did not get
a meeting until I threatened to approach their offices with over 500 violent
fisherman and throw them out of their offices. At this point I received my first
opportunity to offer this solution that was later deemed legal by Judge Kevin
Davey. During this process I experienced deceit and deception by the staff of
the MFC. I await a chance to present these cases, but I do understand how a
strict control of the flow of information by the staff to the Governor, Cabinet,
and MFC Commissioners has brought us to massive social and economic dam-
age to the state.
In preparation for July 1st and the implementation of the net ban amendment
Marine Fisheries adopted a emergency rule that excluded the main principle
deemed necessary by Judge Davey to figure 500 sq. ft. of net area. It is clear
that in doing so they were supporting an action by the FCA to appeal Judge
Davey's ruling to the Florida Supreme Court bypassing the First District Court
of Appeals. Based on the principle that this issue was of great importance to
quickly be resolved and that the constitutional amendment pertaining to the
issue would be held in abeyance pending the resolution of this appeal.
I charge that the staff should be held in contempt by Judge Davey and that
the rule should have included the measurement of the slant height deemed
necessary to figure 500 sq. ft. of open net area.
An example is as they have required a 66 ft. circumference around the net
mouth this would have allowed 30 feet from the center of the float line to the
end of the trawl giving a square foot surface as a deception and will deceive
the commercial fishermen trying to live with the amendment. I charged that
most of the nets built will exceed the 500 sq. ft. and will unknowingly violate
the amendment. As I have brought to your attention the violation of 370.025
created great chaos and turmoil the manipulation by the MFC of rule # 46ER95-
1 will bring a violation of the constitutional amendment and the possibility of
massive arrest of honest commercial fisherman to this end. We must protest
at the cabinet and cause great concern by yourself, cabinet members, and law
enforcement to manipulate the system in order to cover wrong doings by the
Governor to keep this letter short I welcome the chance to present my findings
of misconduct of the MFC on several issues, at anytime. But, I find that it is
unacceptable to allow any more harm to come to my people. Please take no-
tice that there is a protest planned, Tuesday morning, at 8:00 a.m. I am ask-
ing that you appoint an independent council to investigate the massive wrong
doing of the MFC along with correcting rule #46ER95-1 that would allow people
to exist in peace.
Your Friend, Ronald Crum

Beach oo

Quality Work Counts in the House
135 East Gulf Beach Drive
St. George Island, FL 32328
ale Anderson Custom Specialist

B. S. Architecture


Franklin County Board of County Commissioners

1. The Franklin County Board of County Commissioners recognizes
that a total net ban will have serious adverse impacts on the citizens
of Franklin County by disrupting government and jeopardizing the
county's financial stability.
2. The Franklin County Board of County Commissioners is vested
with the authority to accomplish governmental purposes including
activities to create jobs in order to provide for the employment and.
well being of its citizens. The Board is also authorized to take action
to prevent fiscal hardship within the county governmental system.
3. The Franklin County Board of County Commissioners has entered
into contractual arrangements with many seafood dealers and har-
vesters whereby the county accepted money from the Federal Hous-
ing and Urban Development Agency and then loaned some to the
funds out to these same seafood dealers and harvesters to keep the
seafood industry functioning and keep many residents of Franklin
County employed. The Board has an obligation to see that these loans
are repaid as these loans are the sole source of a revolving loan pro-
gram the Board will oversee. The revolving loan program is the essen-
tial part of the Board's commitment to the county industry, which is
the main source of employment in the county. Without the seafood
industry, the county would suffer severe financial hardship.
4. Recognizing that the recently passed constitutional amendment
which added Section 16 of Article X states, 'This section shall nor
apply to the use of nets for scientific research or governmental pur-
poses." The Franklin County Board of County Commissioners hereby
continues, for governmental purposes, fishery activities as part of
Franklin County's governmental purpose and authority.
5. The Franklin County Board of County Commissioners therefore
formalizes its continuing participation in the saltwater fishing indus-
try by the adoption of this resolution.
6. The Franklin County Board of County Commissioners hereby es-
tablishes a program of contract with its citizens who are approxi-
mately licensed by State of Florida to harvest, buy, sell, process, store
and/or transport fishery products.
7. The Franklin County Board of County Commissioners hereby au-
thorizes its agents to sign contracts with any county resident that
possesses either a Saltwater Products License, a retail Dealers Li-
cense, a Wholesaler Dealers License or any other license issued by
the Florida Department of Environmental Protection pertaining to the
harvest, sale or possession of saltwater fishery products and who can
demonstrate that saltwater products were landed, processed or.sold
from Franklin County, which contract shall provide for participation
in the program.
8. The Franklin County Board of Coun ty Commissioners recognizes
that the authority to regulate marine fishery resources is reserved to
the state and that the Franklin County Board of County Commis-
sioners and the participants in the fishery program will abide by all
applicable rules, regulations, and statutes.
9. For the privilege of participig in the Franklin County fisheries
program, the above mentioned'entites who possess the appropriate
licenses to harvest, unload, process, sell or transport fishery prod-
ucts that may otherwise be illegal under Article X, Section 16 of the
Florida Constitution, must unload said products through a county
designated wholesale or retail dealer, whose responsibility will be to
collect the Franklin County Participation Fee of 2% of the dockside
value of the fishery product unloaded and to remit said 2% to the
county on a monthly basis. The Participation Fee shall be paid through
the Clerk of the Circuit Court's Office.
10. Any and all wholesale and retail seafood dealers residing in Fran-
klin County are eligible to participate in this program under the con-
tract that will be executed between Franklin County and individual
11. The Franklin County Board of County Commissioners will re-
quire as part of the contract that each licensee hold the county harm-
less for any accidents, mishaps, damages, injuries or other incidents
that might arise' as a result of participating in the county program.
The County shall require each dealer to provide adequate liability
and casualty insurance for any occurrences described above.
12. The Franklin County Board of County Commissioners may ter-
minate its contracts with those entities that fail to obey laws pertain-
ing to the harvest of saltwater fishery products or fail to pay in a
timely manner the 2% Participation Fee or to comply with this resolu-
13. The Franklin County Board of County Commissioners requests
the Florida Marine Fisheries Commission enact a rule capping the
harvest of saltwater fishery products from Franklin County waters at
the highest level of harvest within the past five years for fishery spe-
cies landed in Franklin County that would have been affected by the
net ban.
14. This program shall take effect July 1, 1995.

Jimmy G. Mosconis, Chairman
Franklin County Board of County Commissioners

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of"judicial efficiency."
In order to reach a judgment on
the issue of the temporary or pre-
liminary injunction issue, Judge
Ellinor encouraged the opposing
attorneys to go into some aspects
of the merits of the case, and the
crucial issue concerning Gulf
County's use of the "governmen-
tal purpose" exception to the net
ban Amendment.
In rendering his judgment on the
preliminary injunction, Judge
Ellinor said:
There are numerous factors
that are being weighed at this
time. Number One is a fish-
ing industry that has gone on

ior hundreds of
years...certainly a long time...
(Some one from the audience
responded, "3,000 years" An-
other voiced, "5,000 years")
...I don't need comment from
those in the audience. and if
you're going to do that, I'll
have the bailiff clear the
courtroom. O.K.? Simple as
...The Constitutional Amend-
ment has been approved (in)
November of last year. Now,
all of a sudden, ten days be-
fore July 1, Gulf County
jumps in with an ordinance
in an attempt to circumvent
the Constitutional Amend-
ment. I think that the com-
pelling argument that I heard
is that if all of them, 35 coun-
ties that are immediately af-
fected by this Constitutional
Amendment, that is the sea-
coast counties, did exactly the
same thing, there would be
exactly no volition to the Con-
stitutional Amendment.. .and

80 per cent ot the people or
the State of Florida who voted
for that Amendment would
have an Amendment with no
teeth in it whatsoever. It
would not be effective. I do not
believe that that's what the
courts of this state...don't be-
lieve that they're going to
agree that that's what should
happen with respect to this
Constitutional Amendment.
Ms. Sahders, you're right. Mr.
Malory, you're right. These
people are tough people. Fish-
ermen are tough people.
They've been through a lot.
They go through a lot, just
like farmers. Farmers are
tough people. They go
through droughts, they go
through floods, they go
through hurricanes, they go
through tornadoes, they go
through every kind of natu-
ral disaster that you can
imagine. And yet, they keep
fighting back: they keep com-

Continued on page 11




Published every other Friday A LOCALLY OWNED NEWSPAPER The Franklin Chronicle 30 June 1995 Page 7

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The Franklin Chronicle 30 June 1995 Page 7

Published every other Friday








A LOCALLY OWNED NEWSPAPER Published every other Friday
Page 8 3OJu ne 1995 The Franklin Chronicle

Pat McFarland of Port St. Joe summarizes the Judge Davey
decision on the Golden-Crum net.
The decision says, in part, that a trawl net of 65.75 feet in
circumference as measured around the circle of the mouth
of the net, and which is 29 feet stretched the length of the
mesh is valid and in compliance with the terms of the
"net ban" Amendment.
This Second Circuit court decision, now certified to the
Florida Supreme Court, also establishes that the open mesh
slant height and length of a trawl to be used in the cone
formula shall be determined by taking the stretch mesh
length (29 feet in the Golden-Crum net) and dividing it by
two (producing a derived open mesh length of 14.5 feet for
the Golden-Crum net).
The stretched mesh length is to be measured from the
midpoint of the headrope to the tail of the net. According
to attorney Pat Floyd, and the Davey court decision, this
construction not only produced a result that kept the
amendment from being "facially and constitutionally de-
fective," but rendered a result of the cone formula surface
area of 476 square feet which was approximately the mesh
size all parties agreed to in the trawl, 478.09 square feet.
The main problem with the "Emergency Trawl Specifica-
tions" proposed by the Marine Fisheries Commission (MFC)
is that it failed to specify that the open mesh slant height
is to be determined by measuring from the center of the
headrope at the net mouth to the tail end of the net in its
most stretched or stretch mesh position and then con-
verting the same to open mesh slant height by dividing by
Attorney Floyd (in the adjacent photo) explained that the
MFC language in the proposed rule circumvents the entire
Davey ruling and imposes their desire that the slant height
length be set at the stretched mesh measurement rather
than the open mesh measurement, which is clearly speci-
fied in the amendment.
Thus, Mr. Floyd and the fisher preferred that the Cabinet
and Governor disapprove the proposed rule and allow the
Davey decision control the situation, since the Davey de-
cision allows the Golden-Crum net to be consistent with
the Amendment language which makes the MFC rule un-
necessary until such time that a permanent rule be made,
perhaps in early September.

Now is the time to
subscribe to the


The Chronicle is published every other Friday.
Mailed subscriptions within Franklin County
are $16 ($16.96 including tax) for one year, or
26 issues. The out-of county rate is $22.26
including taxes. All issues mailed in protective
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Pat McFarland explained his view about the proposed rules
and policies of the Marine Fisheries Commission (MFC)
while waiting to meet with the Governor before the Cabinet
Meeting on Tuesday morning, 27 June 1995, about 9:15

"...The court system gave us a fair ruling (in the Davey
decision). Our adversaries in the Marine (MFC) are appealing
that (ruling). It will be in the Supreme Court sometime at
the end of this month... Right now, we have won that...and
this bunch of guys from the MFC say, 'Hey, we're going to
go around that...what the judge (Davey) said and we're not
going to let you have your (Golden-Crum net).
"It's like taking a sheet, hanging up on a clothes line and
you cut it in half. What they've done (the MFC) is cut the
livelihood, the survivability of these shrimpers in in-shore
waters totally in half... I'm hopeful that the Governor and
Cabinet will see fit to deny this rule... and uphold the
judge's order... On the surface it appears as if they (MFC)
are doing this grand and gracious thing...but what they're
doing is being very deceitful...like they always are..."

"...If their intent is to destroy commercial fishing forever
in the State of Florida, let them come forth right now and
let'em say 'we don't want any more fishers...' and get it
over with, instead of this piecemeal destruction of a class
of people (who are) hard-working Americans that get up in
the morning and go to work."

Attorney Pat Floyd (Port St. Joe), who represented the
fishers in current litigation, explained the dilemma posed
by the Judge Davey decision on one hand and the Marine
Fisheries Commission "emergency trawl specifications" on
the other hand. He and the fishers feel that the Marine
Fisheries Commission intentionally left out the slant height
"When you measure a net for the square foot area, you are
gonna get the circumference around the mouth of the
net...The suggestion by the Marine Fisheries Commission
(MFC) was that you meastdied along the sides of the net.
Well, that's not circumference...The MFC left out slant
height length. That's how to calculate it [square footage].
That's what the litigation was about. That is the
measurement which has been left out of the emergency
Later he added, "...The real purpose of the rule was to create
clarity. When you leave out one of the dimensions, then
you have left out the ability for people to determine exactly
what type of net they could build. It is already clear enough
through the court [decision]...leaving open the possibility
that the MFC or the Marine Patrol could interpret net
measurement..." Floyd concluded, "That generates a great
deal of suspicion as to why it would be left out. If you're
going to make it clear, you ought to make it clear for
Floyd continued, "reducing the size of the net even further
under the proposed MFC rule would be to reduce the square
footage to less than 300 square feet, and make it
economically unfeasible to use such nets under the
proposed MFC rule."


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Published every other Friday

-The Franklin Chronicle

ne 1995

Page 8 30 Jui

Published every other Friday


The Franklin Chronicle 30 June 1995 Page 9

Notes From

the Bench-An

Interview with

Judge P. Kevin


By Brian Goercke

We have decided to reprint this
piece from the last issue due to a
series of errors made in layout.

After sittingthrough and reporting on
nearly a hal-year's worth of court pro-
ceedings, I have had the opportunity
to examine both the style and sub-
stance of Franklin County's Second
Circuit Court Judge P. Kevin Davey.
From the very beginning, I noticed
that Judge Davey seemed to have a
genuine humanistic quality about
him. And for some time after, I have
watched Davey speak to, and not at,
the many defendants who have come
before him. I have never seen Judge
Davey try to ridicule or-degrade any
Individual, though have heard him
speak earnestly and often paternally
to them. And in the end, it seems that
Davey has been able to remove him-
self fiom any feelings that would fa-
vor either the defense or prosecution,
and make a fair and reasonable rul-
It was therefore with a great deal of
disappointment in mid-May that I
learned that Judge Davey would be
transferring to Gadsden County for a
two year term. However, It was with
great pleasure that I was able to se-
cure an interview with the exiting Sec-
ond Circuit Judge.

Background History

Judge Davey was born in Lansing,
Michigan and was raised in
Bradington, Florida. He attended the
University of Florida in 1967 and be-
gan his major in Journalism. After

taking a course in constitutional Law,
he became intrigued in legal studies.
"I did feel that journalism would be a
good major for someone that was go-
ing to be a lawyer," said Davey. "Be-
cause it was an area of course work
where you do get to write." He mused,
"The law is quite interesting in that
it's an evolutionary, rather than revo-
lutionary, process."
On Journalism

The field of journalism, noted Davey,
has undergone a "metamorphosis" in
the past twenty years. Sensationalism,
he feels, has dominated the news.
Davey attributed the change to such
factors as the Vietnam War and the
Watergate Scandal. He said that his
experience in the field of journalism
has helped him to better understand
the role of the journalist.
However, he also noted that the cur-
rent practice within the daily periodi-
cals was puzzling. "I just think that
many editors today feel like they have
to put in a sensational crime story on
page one or people won't buy the
newspapers. I don't think that's giv-
ing a lot of credit to the readership.
Newspapers are the one place where
you can get some detailed information.
On television, you're going to get a one
minute or three minute Sony sand-
wich. I don't want to buy a newspa-
per to get something you could see on

"The Plum

Judge Davey stated that there are six
counties involved in the second judi-
cial circuit. According to Davey, ap-
proximately eighty percent of the ju-
dicial casework is in Leon County due
to the larger population.

'To be in Franklin County, It's a plea-
sure. The people are wonderful. I've
been treated very well here and I think
all the judges are. I don't think you'll
find a judge that will say anything bad
about Franklin County or its people.
I think I can say that this assignment
is the plum assignment for our cir-
cuit. And, I feel, if any us could have

this assignment irom here on out, we
would take it...and be glad to have it.
But, Because it's important that ev-
eryone be given a change of scenery
and an opportunity to handle cases
in different areas of the law and dif-
ferent counties of the circuit, we and
most other circuits have a rotational
system, where we rotate assignments
every two years.
"Unfortunately, I think It's hard on the
staff people, the clerks and the bai-
liffs. to have these changes every two
years. By the time they get used to
someone like me, then they've got to
learn the quirks and idiosyncrasies of
someone else. But, I think It keeps us
fresh, because this can be a relatively
stressful, difficult and challenging job.
It's of some comfort for all of us to
change assignments now and again
to keep fresh. It doesn't mean the
stress or challenges go down, but it
gives us a change of scenery and

On Crime

"We have a lot of freedoms in our so-
ciety, which a lot of our parents and
grandparents fought and died for.
Along with those freedoms, unfortu-
nately, come people who will try to
take advantage of those freedoms. If
you want to live in a totalitarian state,
you won't have very much crime. If
you want to live in a state that prides
itself on individual freedom, then an
unfortunate by-product is crime."

Judge Davey felt that Franklin County
was much like any other rural county
as far as type of crimes and the rate
of crime. He noted that there had been
an increase in the past year of child
molestation cases. Davey could not
pinpoint whether more molestation
crimes were occurring or if the com-
munity and law enforcement agencies
were becoming more aware of such

Punishment vs.

Judge Davey felt that rehabilitation for
first time offenders and for younger
individuals was appropriate. He felt
that, if the individuals committed a
crime that was not too serious, reha-
bilitation would better serve them,
rather than severe punishment.
"Other people who commit serious
crimes that are committed by people
who are career criminals or whose'
crimes are serious where people get
seriously hurt, those people have dem-
onstrated by committing those crimes
that they're a danger to the commu-
nity; and they need to be punished
and they need to be removed from the
community so nobody will get hurt in
the future. There's no way to predict
future behavior. The only possible pre-
dictors are what people do in the past.
You hope that people learn something
in jail, but unfortunately a vast ma-
jority of them don't."

atuse treatment programs for the in-
mates. "I think that a number of
people that I have recommended for
these programs are helped by them.
Though I tell them before I send them
there that 'neither me, nor your
mother, nor your attorney or anybody
else can decide that you're not going
to stop taking drugs. Only you can
decide that.' I think there are fairly
decent programs available, though
whether they can serve everyone that
needs them, I don't know."
Davey recalled a statistic related to
him by an old friend of his within the
Department of Corrections. "He felt
that one-third of those in prison
should not be imprisoned, one-third
should be imprisoned for a reasonable
length of time and then released, and
one-third of the prisoners should
never be released." He continued, "I
don't know where he got his statis-
tics," noted Davey, "I guess it came
from forty or fifty years in the Depart-
ment of Corrections. Unfortunately, in
our society, there are a certain num-
ber of people who really can't be out.
They have demonstrated that if they
are on the street, they're going to hurt
somebody. Fortunately, the number
of these kinds of people is not that

Sentencing Guidelines

Judge Davey felt that the implemen-
tation of sentencing guidelines in 1983
was initially helpful. The guidelines
offer a uniform sentence for particu-
lar crimes based on varying prior
criminal records.
"Because of the prison overcrowding
situation, the guideline sentences that
some of the judges opposed were
meaningless. And even today they're
somewhat meaningless."

He concluded. "You've got sentencing
guidelines, but every single person
that comes up before you is an indi-
vidual human being and has a totally
unique set of circumstances. I think
the judge's job is to try to determine
what happened in the case and the
'person's prior record; and then deter-
mine the appropriate sentence for that
crime and that criminal defendant."-
In ruling on a case, Davey noted that
it was extremely difficult to put emo-
tions aside before making a sentence.
"I try to look at each case individu-
ally. I try not to make it an emotional
decision. I try not to have too much
sympathy for the victims, although we
do. And you don't want to have too
much disdain or sympathy for the de-
fendant. I think you have to be fair,
firm, just and impartial. Sentencing
is difficult. I lose a lot of sleep over
that, because there's a lot of different
factors to take into consideration. You
certainly want to protect the public,
but by the same token, you don't want
to give a sentence that is too harsh
for the crime that was committed."

Sensationalism In Law

"People make these statements like
three strikes and you're out. You could
have a person who gets caught with
three nickel bags of marijuana over a
two month period, because they're
strung out on marijuana...and under
some congressman's theory, that per-
son should be sent to jail for life with
no possibility for parole at the cost of
twenty to twenty-five thousand dollars
a year. Well, that's senseless."
Davey continued, "By the same token.
you get somebody who's killed
someone under heinous
circumstances...who's indefensible.
That's the type of person who should
be, if not executed, at least put in jail
for the rest of their life. You can't
equate that with the prior crime. The
sort of things that are popular like
three strikes and you're out don't of-
ten make a lot of sense in reality."

"The Data
Computation Age"

"Our whole society is now in the data
computation age. I think people have
the idea that we can, by technology,
make these decisions (according to
legislation like Three Strikes and
You're Out). Ijust don't think we can.
If that were the case, all you'd have to
do is feed the data into the computer
and let the computer say what the
sentence is. I don't think you can do
that. There are too many variables on
each person's case. You can't take a
law that says anytime you commit
three of a certain type of an offense,
you should be locked up for life and
never get out. And If you commit a
serious offense like murder, you
shouldn't get three chances.
Early Releases

Judge Davey has voiced frustration in
the past for extraordinarily early re-
leases. He noted, "When I sentence
someone to jail for twenty-four
months, I anticipate that the person
will serve at least twenty of those
months. They'll get some time off for
good behavior, because that's a prison
population control mechanism that
they've got to have. To keep control of
prisoners, there's got to be some in-
centive for behaving. Because, obvi-
ously, these people in prison are
people who are not prone to behave
and follow the rules of society.
Though, when I sentence someone to
prison for twenty-four months...and
it's a fair sentence by all accounts, I
don't expect him to get out in three or
four months. That's not right. I have
the least control on how much a per-
son serves, than anyone in whole situ-
ation. The inmate, if he does well in
prison, can reduce his sentence sig-
nificantly. The Department of Correc-
tions has much more say about how
much time 'a person serves than we

Continued on page 12

Judge Davey felt that the prisons were c
providing a fair amount of substance



Judy and Billy Blackburn
went into the pizza business
on St. George Island more
than five years ago. This
month, June 1995, they
opened a larger pizza house
on West Gulf Beach Drive,
under the water tower on
breezy, warm and cozy St.
George Island. ,.
Their menu contains the old -
favorites and some new ad-
ditions. Pizza lovers will find ;:.
the usual- pepperoni, beef,
sausage, ham, onion and
veggies, along with
Jalapenos (hot peppers!) if
requested. There is also C
shrimp pizza, Mexican pizza,
Sloppy Joe Pizza & Gyros
and, of course, Sloppy Joe
sandwiches. There's more.
Five draft brands of beer are
on tap! There are salads ga-
lore! Garden salad, chef
salad, grilled chicken salad
and tuna salad. Eat in or
take out! Just call 927-

Judy and Billy also own and
operate the Paradise Cafe,
just down the block.

Their pizza is tossed, as son
Brad demonstrates in a pic-
ture taken in the new facil- ^.
ity. What was the most un- --
usual requested pizza in re-
cent years? Judy recalled,
"Tuna fish pizza. It smelled

The move from the Island
Mini-Mall to the water tower
site has doubled the number
of employees at the new lo-
cation. BJ's Pizza, says the
exterior sign, also features
a glassed in arcade and pool
tables, so there are lots of
activities for the entire fam-
ily when going out for an
economical meal at BJ's.
The greatest pleasure in run-
ning a restaurant for Judy is
"...not having to cook. But
we're very happy to greet old
friends and newcomers com-
ing from near or far.
Sometimes,the visitors
bring complimentary greet-
ings from old customers who
have sent them to us. We
have kept BJ's a family cen-
tered eatery where everyone
can have a good meal and a
happy time."


~ I I II -

On Capital

Judge Davey stated mixed opinions on
the death penalty acting as a deter-
rent to would-be criminals. "To some
people it's (the death penalty) a de-
terrent. To some people, knowing
there's a death penalty causes them
to kill the victims. There are statistics
going both ways. To me, personally,
jail and the death penalty are huge
deterrents. To someone who doesn't
care about the law and doesn't really
think it affects them, I don't think the
death penalty is a deterrent. To most...
I think it's a huge deterrent."

Juvenile Crimes

Davey stated that, being a father of
five, has helped him to work with and
understand juveniles to a greater de-
gree. "I just try to treat everyone the
same that I would want to be treated
if I were in the same boat. You'll never
see me lecture or demean someone.
And we have some tremendously sig-
nificant crimes that are committed by
juveniles. When I was a kid growing
up, we had stuff like egging people's
houses or knocking down mailboxes
with cherry bombs. And...that's not
right, but that's sort of the juvenile
o senses that you had."
The increasing seriousness of juvenile
crimes has Judge Davey concerned
with the type of sentencing the court
is able to impose. "You have juveniles
committing burglaries, robberies,
armed robberies, rapes and murders.
The juvenile system that was devel-
oped in the thirties, forties and fifties
worked really well on those minor
crimes, but it doesn't work really well
on the adult crimes. Now the state has
the ability to treat these people as
adults, but it's only under certain cir-
cumstances that it can happen. If you
get shot, it doesn't matter if it's by a
sixteen year old, a fourteen year old
or a twenty-four year old. Juveniles
who commit these crimes shouldn't
be on community control. They should
be locked up. There aren't adequate
tools to take care of some of the kids
who are not doing well."

Davey noted that juvenile crime has
increased in the past five months. He
felt, however, that the juvenile crime
rate was not outrageously high con-
sidering the scarce recreational oppor-
tunities for the county's youth. "I think
there is a small amount of juvenile
crime when you consider how little
activities or organized activities there
are for them." Davey felt that the com-
munity, on the whole, had kept juve-
nile crime down by its work ethics.
"There's a lot of twelve or fourteen year
old kids who you'll find staying busy
working on their dad's oyster or
shrimp boats. And there's nothing


I no

Page 10 30 June 1995 The Franklin Chronicle


Pulihd vryohe ria

Second Circuit Court

Judge P. Kevin Davey

Assistant State Attorney Frank Williams
Public Defender Frank Williams

15 June 1995
Eugene Carter: Charged with one count of Sexual Act with a Child
Under Sixteen, the defendant pled Not Guilty. Judge Davey set pre-
trial for 10 July. Public Defender Kevin Steiger entered a motion for
pretrial release and for a reasonable bail. Judge Davey denied the
motion. The defendant was represented by Public Defender Kevin
Tina Cummings: Charged with one count of Public Assistance Fraud,
the defendant pled No Contest. The defendant was accused by the
Auditor General's Office of submitting false applications for aid to
families with dependents and for food stamps between the period of
4 October, 1993 and 14 February, 1994.
Judge Davey withheld adjudication and sentenced the defendant to
eighteen months of probation. Davey also ordered her to pay six hun-
dred and twenty-seven dollars in restitution, two hundred and fifty-
five dollars in court costs and one hundred dollars for public defend-
ers' fees. The defendant was represented by Kevin Steiger.
E.C. Downing, Jr. AKA Fat Cat: Charged with six counts of Sale of
Cocaine, the defendant pled No Contest to each of the charges. The
defendant was accused of selling crack cocaine on Ninth Street and
Avenue K on 29 February, 1992.
Judge Davey adjudicated the defendant guilty and sentenced him to
three years of probation. Davey also ordered the defendant to pay
two hundred and fifty-five dollars for court costs and one hundred
dollars to the Florida Department of Law Enforcement Crime Lab.
The defendant was given permission to transfer his probation sen-
tence to North Carolina. The defendant was represented by Attorney
Barbara Gurrola.
Warren L. Hayward: Charged with one count of Aggravated Assault
with a Deadly Weapon, the defendant pled No Contest to Aggravated
Assault. The defendant was accused of assaulting Claudia Bateman
and Jimmie Richardson on 23 April, 1995 on Tenth Street.
Judge Davey withheld adjudication and sentenced the defendant to
eighteen months of probation. Davey also ordered the defendant to
complete the P.A.V.E. (Providing Alternatives to Violence Through
Education) Program, pay two hundred and fifty-five dollars in court
costs and two hundred dollars for Public Defenders' fees. The defen-
dant was represented by Public Defender Kevin Steiger.
Kevin James: Charged with one count of Sale of Cocaine, the defen-
dant pled No Contest as charged. Judge Davey withheld adjudication
and sentenced the defendant to two years' of probation.
Judge Davey also ordered the defendant to pay one hundred and fifty
dollars for Public Defenders' fees, one hundred dollars to the Florida
Department of Law Enforcement Fund and four hundred and ten
dollars to the Franklin County Sheriffs Department for investigative
costs. The defendant was represented by Public Defender Kevin Steiger.
Towana Latoya Johnson: Charged with one count of Battery on a
Staff Member of a Detention Center {Inner Harbour}, the defendant
pled No Contest as charged. The defendant' was accused of striking
Inner Harbour staff member Shelley Ann Brooks on 8 May, 1995.
Judge Davey adjudicated the defendant guilty and sentenced her to
25.8 months in the Department of Corrections with thirty days of
credit for time served. Judge Davey also served the defendant a civil
judgment for two hundred and fifty-five dollars in court costs and
one hundred and fifty dollars for Public Defenders' fees.
John Richard Jones, I: Charged with Grand theft, the defendant
pled No Contest to the lesser charge of Petit Theft. Judge Davey adju-
dicated the defendant Guilty and sentenced him to six months of
Judge Davey also ordered the defendant to pay one hundred and;five
dollars in court costs and one hundred and fifty dollars for investiga-
tive fees. The defendant was represented by Public Defendant Kevin
Linda Messer: Charged with one count of Possession of Less than
Twenty Grams of Marijuana, one count of Cultivation of Cannabis
and one count of Possession of Cannabis, the defendant pled Not
Guilty. Judge Davey continued the case for trial on 10 July. The de-
fendant was represented by Public Defender Kevin Steiger.
Daniel Wallace: Charged with one count of Burglary of a Structure
and one count of Petit Theft, the case was continued for Case Man-
agement on 10 July. The defendant was represented by Public De-
fender Kevin Steiger.
Johnny William Warner: Charged with one count of Burglary of a
Structure and one count of Third Degree Grand Theft, the case was
continued for Case Management on 10 July. The defendant was rep-
resented by Public Defender Kevin Steiger.
Terry Weiklneenget: Charged with one count of Resisting an Officer
with Violence, one count of Battery of a Law Enforcement Officer, one
Count of Indecent Exposure and one count of Consumption of Alco-
hol in the Streets of Apalachicola, the defendant pled No Contest to
the charge of Indecent Exposure.
The defendant was accused of drinking alcohol and urinating in pub-
lic on Seventeenth Street. He was also accused of punching Officer
Michael Eller and walking away after being approached by the officer
for indecent exposure.
Judge Davey adjudicated the defendant Guilty and sentenced him to
forty-five days in the County Jail with forty-five days credit for time
served. Court costs were waived. The defendant was represented by
Public Defender Kevin Steiger.
Leroy Yarrell: Charged with one count of Resisting Arrest without
Violence and one count of Resisting Arrest With Violence, the defen-
dant pled No Contest to the charge of Resisting an Officer with Vio-
Judge Davey adjudicated the defendant Guilty and sentenced him to
eighteen months of Community Control. Judge Davey also ordered
the defendant to pay two hundred and fifty-five dollars in court costs,
one hundred and fifty dollars for Public Defenders' fees and to write a
letter of apology, which must be approved by his probation officer, to
Deputy Shiver. The defendant was represented by Public Defender
Kevin Steiger.

Bobby Joe Duncan, Jr. : Charged with one count of Resisting an
Officer with Violence, one count of Driving Under the Influence, one
count of Possession of Cannabis and one count of Battery on a Law
Enforcement Officer, the defendant pled Not Guilty.
Judge Davey continued the case for pretrial on July 10. Davey denied
a motion for pretrial release and reasonable bail. The defendant was
represented by Public Defender Kevin Steiger.
Jermaine J. Earl: Charged with First Degree Murder, Possession of a
Firearm by a Convict and Aggravated Fleeing and Eluding, the defen-
dant pled Not Guilty. Judge Davey continued the case for pretrial on
10 July. The defendant was represented by Public Defender Kevin
Elizabeth Ann Johnston: Charged with Battery on a Staff Member
of a Detention Center (Inner Harbour), the defendant pled No Contest
as charged. The defendant was accused of kicking Inner Harbour
staff member Dennis Hebert and grabbing Jeannine Evans-Todahl's
hair and pulling her to the ground on 30 March, 1995.
Judge Davey withheld adjudication and sentenced the defendant to
eighteen months of probation. Court costs were waived and the de-
fendant was ordered into the custody of her mother. The defendant
was represented by Public Defender Kevin Steiger.
Robert Clyde Law, Jr.: Charged with one count of Second Degree
Murder, the defendant pled Not Guilty. Judge Davey continued the
case for trial on 10 July. The defendant was represented by Public
Defender Kevin Steiger.
Michelle Scott: Charged with three counts of Battery on a Staff Mem-
ber of a Detention Center (Inner Harbour), the defendant pled No
Contest as charged. The defendant was accused of grabbing the hair
of Inner Harbour Staff member Maureen Hanway and banging the
staff member's head against the ground as well as punching her on
17 October, 1995.
Judge Davey adjudicated the defendant guilty and sentenced her to
eighteen months within the Department of Corrections with sixty days
credit for time served. All court costs were waived. The defendant was
represented by Public Defender Kevin Steiger.
MacAurthur Hall: Charged with one count of Agravated Battery with
a Deadly Weapon, the defendant pled Not Guilty. Judge Davey con-
tinued the case for pretrial on 20 July. The defendant was repre-
sented by Public Defender Kevin Steiger.
Angela Marie Sellers: Charged with one count of Battery of a Staff
Member of a Detention Center (Inner Harbour), the defendant pled
No Contest as charged. Judge Davey sentenced the defendant to ninety
days within the County Jail with sixty-three days of credit for time
Davey also ordered the defendant to pay two hundred and fifty-five
dollars in court costs and one hundred dollars for Public Defenders'
fees. The defendant was represented by Public Defender Kevin Steiger.
Danny Wallace: Charged with one count of Battery of a Law Enforce-
ment Officer, the case was continued for'Case Management on 10
July. The defendant was represented by Public Defender Kevin Steiger.
Anthony L. Williams: Charged with one count of Possession of a
Firearm by a Convicted Felon, Discharging a Firearm in City Limits,
the defendant pled Not Guilty. The case was continued for trial on 10
July. The defendant was represented by Public Defender Kevin Steiger.
William Foster Wright: Charged with one count of Shooting Into an
Occupied Building, one count of Aggravated Assault, one count of
Battery, one count of Aggravated Assault with a Deadly Weapon and
one count of Criminal Mischief, the defendant pled No Contest to
Shooting Into an Occupied Vehicle and Aggravated Assault with a
Judge Davey adjudicated the defendant Guilty aid sentenced him to
three years minimum mandatory within the Department of Correc-
tions and two years of probation to follow with no possibility of early
termination. Judge Davey also ordered the defendant to pay three
hundred and fifty dollars to Sean's Shanghai Saloon as restitution
and five hundred and eighty three dollars to the Franklin County
Sheriffs Department for transportation costs from Texas. The defen-
dant was represented by Public Defender Kevin Steiger.
Jeannette Kirvin Floyd: Charged with one count of Resisting an
Officer without Violence, the defendant pled Not Guilty. Judge Davey
continued the case for trial for 4 July. The defendant was represented
,by Attorney Robert Harper.
Billy Gene Bryant: Charged with one count of Uttering a Forged
Check, one count of Uttering a Worthless Check Over One Hundred
and Forty-Nine Dollars and one count of Forgery, the defendant pled
Not Guilty. Judge Davey continued the case for pretrial on 10 July.
The defendant was represented by Public Defender Kevin Steiger.
Steve Cummings: Charged with one count of a Sexual Act with a
Child Under Sixteen, the defendant pled Not Guilty. Judge Davey
continued the case for trial on 20 July. The defendant was repre-
sented by Public Defender Kevin Steiger.


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Adrian L. Daniels: Charged with one count of Sale of Cocaine, two
Counts of Sale of Cocaine, two counts of Resisting an Officer with
Violence, two counts of Battery on a Law Enforcement Officer, two
counts of Corruption by Threat Against a Public Official and one count
of Possession ofCannabis, the defendant pled Not Guilty.
Judge Davey continued the case for trial on 20 July. Davey denied a
motion for pretrial and reasonable bail. The defendant was repre-
sented by Public Defender Kevin Steiger.

Baker Sentenced

Apalachicola Resident Alvin Baker
was sentenced on 23 June for the
charge of Sexual Battery on a
Child Under Sixteen.
"The issue is," Assistant State At-
torney Frank Williams said, "what
kind of punishment should be
given to someone who has been
given every break, every opportu-
nity, but still continues to com-
mit crimes." He concluded, "Now
he has committed the most vio-
lent and degrading offenses
against a child. He needs to be
removed from the freedoms of our
society for the greatest time pos-
Judge Van Russell then sentenced

Baker, who was found guilty by
trial, to fifteen years in the De-
partment of Corrections under the
Habitual Felony Offenders' (HFO)
Act. Under the HFO Act, the pris-
oner must serve at least eighty
percent of his prison term.
"If you think that I'm guilty of
this," said Baker, "May God have
mercy on your soul."
Public Defender Kevin Steiger
later noted that the case would
be appealed by a state appellate
lawyer for the purpose of seeking
a retrial. "Fifteen years is a long
time to serve for a crime you didn't
commit," said Steiger.

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Published every other Friday

Published every other Friday


The Franklin Chronicle 30 June 1995 Page 11

Injunction Denied from page 1

"'he arguments are taken up in the order they were presented in the
motion, quoting from the opinion:
Ballot Summary
The supreme court's finding that the ballot summary met
the legal requirements of article XI, section 3 of the Florida
Constitution and section 101.161(1), Florida Statutes cer-
tainly makes the success of ballot deficiency questions raised
by the plaintiffs less than likely.
improper Subject Matter.
Likewise, the plaintiffs' argument that the amendment deals
with a subject that should not be included in the constitu-
tion is an argument that appears to have very little merit.
During the oral argument the court agreed that the Florida
Constitution has been amended far too often on matters that
should be the subject of legislation. The constitution was in-
tended as a document of fundamental principles yet the citi-
zens of Florida have increasingly relied on constitutional
amendments to resolve specific legal problems that are not
addressed by the legislature. Nevertheless, the plaintiffs' ar-
gument presents an issue of policy, not an issue of law. A
constitutional amendment must not violate other basic con-
stitutional rights but there is otherwise no legal restriction
on the subject matter of the amendment. As the supreme
court has observed, the Florida Constitution is one of the
most easily amended constitutions in the country.
Aside from these policy arguments, the plaintiffs have not
referred the court to any constitutional provision or other
law that limits the subject matter of a constitutional amend-
ment to preclude the amendment in question here.

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Provider for: BC/BS PPC, Medicare, Medicaid.
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Most insurances accepted.

Hours: Monday Friday 9am 5pm


We are delighted to announce the opening of MAGNOLIA HALL GUEST
HOUSE, a Bed and Breakfast, and we wish to express our gratitude to all
of those who have contributed in some special way to the restoration of the
old Orman (Butterfield) House. They include:

Betsy Battle
Danny Blake
Glen Boeve
Henry Brown
Sam Brown
David Burke
George Chapel
Wesley Chesnut
Brian Childers
Bobby Clay
Dan Dillon
Shaun Donahoe
Sid Etheridge
Sam Gibbs
J. W Hammond
Tom Hoffer
La Don (Cairo) Ingram

Air-Con of Wakulla
Apalach Building Supply
Big Boy's Toys
Bluff Road Lumber
Cox Pools, Inc.

Harrison Jones
Emily Kemp
Harriet Kennedy
Willis Kennedy
Mel Livingston
David Mclntyre
James Mclver
Johnny Mize
Will Morris
Rusty Rafnel
Corky Richards
Jesse Sinikakas
Al Strange
Keith Thomas
John Vathis
Joe Walker
Linda Walker

Ducky Johnson House Movers
McCall's Sod Farm
Taylor's Building Supply
Windolf Home Improvements

Taking of Property
The plaintiffs' claim that the amendment violates their due
process rights by effecting a regulatory taking of plaintiffs'
private property for a public purpose without just compensa-
tion is also problematic. First, it is clear that the fish belong
to the public and that the plaintiffs have no property right to
take fish from the Florida waters. Second, the amendment
does not completely prohibit all fishing with nets. Commer-
cial fishermen may still fish with nets beyond the territorial
limits set by the amendment and they can still fish with nets
of a smaller size within the territorial limits. Article X, sec-
tion 16 is widely known as the "net ban amendment" but
despite this reference the amendment does not actually ban
all net fishing. It is more accurate to say the amendment
restricts net fishing. State statutes that limit fishing seasons,
restrict permitted gear, and define certain zones for particu-
lar activities have been upheld. The State clearly has an in-
terest in preserving and protecting the resources of the State,
which are commonly owned by the people, and restrictions
on the harvest of marine fish does not constitute a taking of
the fish from particular individuals. The plaintiffs' argument
that the amendment deprives them of their liberty interest to
pursue a lawful occupation is unlikely to succeed under the
holding in Mugler v. State of Kansas, 123 U. S. 623 (1887).
Finally, the plaintiffs' argument that the amendment is vague
in that it does not allow persons of common intelligence to
determine what activities are prohibited and where the one-
mile or three-mile limits end cannot be deemed likely to suc-
Equal Protection
The plaintiffs' argue that the amendment discriminates
against them by making an irrational distinction between com-
mercial fishermen and sports fishermen, but this argument
was rejected as to an administrative rule in State, Marine
Fisheries Comm'n v. Organized Fishermen, 503 So.2d 935
(Fla. Ist DCA 1987). The amendment does not seek to pun-
ish anyone nor does it seek to single out particular kinds of
fishermen. Rather, the restriction established by the amend-
ment relates to particular kinds of fishing equipment.
Similarly, the distinction between the east coast of Florida
and west coast could be explained by the difference in the
extent of sovereign waters on the different coasts. Therefore,
it is doubtful the court could find that this distinction vio-
lates the plaintiffs' rights to equal protection under the laws.



By Dr. Stephen J. Gross

~~sLI ~tI"


Especially active children be-
tween eight and thirteen years of
age somimes experience swell-
ing and pain at the backs of their
heels. This syndrome, known as
Severs Disease, arises when the
heel cord causes irritation where
the cord is attached to their heel
The discomfort of Severs Dis-
ease, also known as "Apophysitis
of the Calcaneus," is usually not
traceable to a single, specific in-
cident or injury. The pain will be
exacerbated if the young person
stretches his or her heel cords,
or by many kinds of vigorous
The pain of Severs generally
fades as maturity causes the
bones to harden. In the mean-
time, the child should modify his
or her activity when the problem
flares up. A podiatrist can pro-
vide heel lifts probably no more
than a quarter inch in height -
which can help a great deal to
reduce the pain of this condition.
Presented in the interest of
better foot care by:
Dr. Stephen J. Gross
Hwy. 98
Eastpoint, Florida


Gulf County Case
from page 1
ing Dack ana they keep doing
their job. I see no irreparable
harm in denying the county's
petition for temporary injunc-
tion in this case. I think that
the parties to this matter can
get with the powers that be
and can get expedited hear-
ings on the merits of this
case. I let some of the merits
come in today because I
wanted to explore the verac-
ity of this ordinance.., but it
did have an effect on my rul-
ing and what I think will hap-
pen in the upper courts. So, I
am going to deny the petition
for the temporary injunction.
I'm gonna grant the motion
for change of venue...to Leon
Purpose of Litigation
The ,litigation, sought by Gulf
County, is to obtain a declaratory


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MAGNOLIA HALL will be open Sunday, July 2, 1995, from 1 to 4 P.M.,
for those who were unable to visit us in May.

Anna and Doug Gaidry

Republican Form of Government
The plaintiffs claim that the amendment deprives them of
their guarantee of a republican form of government. They
claim that the amendment should have been presented in
the legislature where they would have had a voice in the de-
bate. It does not appear to the court that there is any prece-
dent for this argument. If anything, it seems that the plain-
tiffs' argument on this issue is refuted by the decision in
Sylvester v. Tindall, 18 So.2d 892 (Fla. 1944). Moreover, it
could be argued that the constitutional amendment process
offers an even greater degree of protection for citizens. In the
legislative process, the citizens elect representatives who en-
act laws, while in the amendment process the citizens adopt
new laws themselves.
Obligation of Contract
Finally, the plaintiffs have failed to establish a likelihood of
success on the argument that the amendment unconstitu-
tionally impairs their obligations of contract. The fact that
the amendment will result in a severe economic hardship on
the plaintiffs probably does not render the provision a law
impairing the obligation of contracts as prohibited by article
1, section 10 of the Florida Constitution. Generally, the per-
sonal freedom of contract and freedom in the use of property
does not rise above the power of the public to regulate in the
interest of the common welfare.
The plaintiffs have failed to show the regulation imposed by
the amendment was not justified by the public interest in the
resources in the waters of the state. Under the circumstances,
the likelihood of success necessary to obtain a temporary
injunction has not been shown by the plaintiffs.
The court's rejection of the plaintiffs' claim for a temporary
injunction should not be taken as an attempt to minimize
the social and economic issues underlying the controversy
presented by this case. There is little doubt that the amend-
ment will adversely affect commercial fisherman and many
others who depend on the fishing industry. However, the vot-
ers evidently reasoned that the ultimate harm would be far
greater if they did not take some action to protect the state's
marine resources. The citizens of Florida made that choice
and it would be presumptuous of this court to assume that
they did not understand the issue,
The democratic process has taken its course and all citizens
must now accept the result. The court has the authority to
enjoin state constitutional amendments but only in those rare
cases in which a new amendment violates other basic rights
guaranteed by the constitution. This does not appera to be
such a case.

judgment that indicates whether
the fisheries program established
by the County does properly fall
under one of two exceptions in the
"net ban" Amendment. This
would allow those within the Sea-
food industry to continue operat-
ing without violating the Amend-
ment. This case that began on Fri-
day has passed only through the
preliminary issues, but the mer-
its of the case are still to be ar-
gued in a new venue, the Second
Circuit Court in Tallahassee.
Key Issue
The key determination in the case
is whether the Gulf County plan
qualifies as a "governmental pur-
pose". Some discussion into these
merits was permitted by Judge
Ellinor in order to explore the re-
lated issue of "irreparable harm,"
a condition for any injunction.
"What is meant by governmental
purposes," asked attorney Bar-
bara Sanders, Gulf County attor-
ney and plaintiff in this case. 'The
operative word is "...for govern-
mental purposes," she told the
Court. "(They) passed a Constitu-
tional Amendment and included
that language. They must mean
something by it. What else could
be a governmental purpose? Is it
surplussage? Is it a nullity? Do
we pretend that it's not in there?
The court questioned, "What
about research?" Sanders replied,
"Scientific research OR govern-
mental purposes... is the lan-
guage of the Amendment..."
While the question about "govern-
mental purpose" as an exception
to the net ban amendment re-
mained unresolved, the defendant
attorney, M. B. Adelson, spoke to
one aspect of the definition of
"governmental purpose."
Defendant Attorney Adelson
pointed out that there is a body
of case law which distinguished
the proprietary function of gov-
ernmental purposes as well as the
function of government. The pro-
prietary purpose of government is
when it enters into any kind of
business arrangement. Adelson
offered an example of a govern-
mental purpose, where if there
were a fish kill on the coast, the
governmental purpose would be
to have someone take the fishing
gear to make a quick cleanup, and
prevent the public harm from a
lot of dead fish on the beach. "We
assert vigorously that to engage
in saltwater commerce of the salt-
water products is a proprietary
purpose and is not covered (in the
Adelson said that there was no
emergency. Fishers, he claimed,
were not thrown out of their live-
lihoods, but simply had to fish
further out. Adelson argued that
the irreparable harm would be to
the resource if the Amendment

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Port St. Joe, FL 32456
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were ignored. He cited the pro-
grams for aiding those affected by
the net ban. Those affected could
also apply to the DEP to use non-
conforming gear. "There is an ad-
ministrative way to use that if it's
appropriate. Yet, there has been
no application, There has been no
request...We're gonna try to work
with people, not work against
them to try to ease the burden, to
ease the change..."
Adelson concluded with the argu-
ment that the plaintiff wanted an
injunction to restrain the enforce-
ment authority from arresting vio-
lators for a misdemeanor, some-
thing rarely granted by any court.
Barbara Sanders argued that the
remedies referred to were not ap-
propriate. With regard to the net
ban economic assistance, the act
required that these independent
businessmen buy into the unem-
ployment fund. She reminded the
judge that the counties with their
fishing program did not intend to
regulate fishing, only to use the
exception granted in the
Amendment's exception.
Judge Ellinor asked what the ef-
fect would be if all 35 counties di-
rectly affected by the Constitu-
tional Amendment sought such
an exception. He answered the
question himself. "It would nul-
lify the effect of the Constitutional
Amendment, would it not?"
Sanders responded, "It would al-
low the use of gill nets and en-
tangling nets for governmental
purposes." The judge then asked,
"What purpose would the Consti-
tutional Amendment then serve?"
Sanders replied, "Well, the wis-
dom again is not the issue before
the Court, nor will it ever be, even
when we get to the merits.'"
Intervening Party
The Florida Conservation Associa-
tion intervened in the action seek-
ing a temporary injunction Friday,
23 June. They supplied a memo-
randum of law to the Court to
support their argument that any
motion for a temporary or perma-
nent injunction should be denied.
The first reason argued in their
brief was the assertion that Gulf
County.failed to satisfy the ele-
ments required for entry of a tem-
porary injunction. The elements
include (1) the demonstration of
irreparable harm because of the
unavailability of an adequate rem-
edy at law; (2) the lack of any ad-
equate remedy at law; (3) a clear
legal right or interest in the sub-
ject matter of the action; and (4)
the lack of harm to the public in-
terest or third parties or the ac-
tual benefit of an injunction to the
public interest or third parties.
The Florida Conservation argued
on each of the above elements,
concluding that the declaratory
judgment action should proceed
without any injunction.

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Specializing in Ladies &
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I I 1-11

- -








Page 12 30 June 1995 The Franklin Chronicle


Published every other Friday

Davey from page y

Saltwater Classic Results

S- 1

J .

Junior Division
Category: Black Seabass
1. David Ashmore, Jr.
2. Chad Oxendine
3. John T. Aldridge, Jr.
Category: Pinflsh
1. Michael Long
2. Chad Oxendine
3. Sydney Strickland
Category: Flounder
1. Jeremy Brown
Category: Gafftop Sallcat
1. Blake Daffin
2. Heather Litton
3. Amber Holton
Category: Grouper
1. Chad Smit
2. Sydney Strickland
3. John Smit, Jr.
Category: Sheephead
1. Roy Thompson
2. Brittany Herndon
3. Zack Thompson
Category: Spanish Mackerel
1. Mason Brabmah
2. David Ashmore, Jr.
3. Nicholas Routa
Category: Speckled Trout
1. Bryan Garris
2. Mason Brabmah
3. Bobby Hanway
Category: Triggerfish
1. Jack Stewart Neely, Jr
2. Jeremy Browh
3. David Ashmore. Jr.

-. '
. z_ ... '- --- -.- -. .. ..

Category: Dolphin
1. 100.00 Clay W. Baily
2. 80.00 Pirates Landing Marina, Inc.
Pounds/Length in inches Category: Grouper
1.320 1. 100.00 Pirates Landing Marina, Inc.
1.010 2. 80.00 Miller Marine, Inc.
0.940 3. 60.00 Hot Flash
4. 40.00 Clay W. Baily
0.290 Category: King Mackerel
0.270 1. 100.00 Never Enough
0.250 2. 80.00 Hot Flash
3. 60.00 Clay W. Baily
1.210 4. 40.00 Spindrift Charters
Category: Wahoo
6.830 1. 100.00 Pirates Landing Marina, Inc.
R.2n 2. 80.00 Miller Marine, Inc.


Recreational Team Challenge

Category: Amberjack
1. 100.00
Category: Cobia
1. 100.00
2. 80;00
3. 60.00
Category: Dolphin
1. 100.00
Category: Flounder
1. 100.00
2. 80.00
3. 60.00
Category: Grouper

Team Name
Barnacle Bills,
Millard Collins
Barnacle Bills
Millard Collins
Deep Harboor Homes
Shawn Oxendine
Calico Jacks
Tony R. Belcher
Team Rough Rider
David A. Hollberg
Jacksons Big Bend Outfitters
Lamar Munore
Deep Harbor Homes
Jeff Strickland
George H. Brooks

1. 100.60 Deep Harbor Homes
Steve Strickland
2. 80.00 Alligator Point Safari Club
T. Michael Harrell
3. 60.00 Sail Fish
Dave Pelner
Category: King Mackerel
1. 100.00 Barnalce Bills
Millard Collins
2. 80.00 Pirates Landing II
Ed Saunders
3. 60.00 Jacksons Big Bend Outfitters
David Boyd
Category: Gafftop Sailcat
1. 100.00 Deep Harbor Homes
Shawn Oxendine
2. 80.00 Survivors
A. William Irvine
3. 60.00 Jacksons Big Bend Outfitters
Geri Eaton
Category: Spanish Mackerel
1. 100.00 Alligator Point Safari Club
Michael T. Harrell
2. 80.00 Pirates Landing II
Ed Saunders
3. 60.00 Pauls Plumbing
Paul Oterbye
Category: Speckled Trout
1. 100.00 Jacksons Big Bend Outfitters
Lamar Munroe
2. 80.00 Calico Jacks
Jack S. Neely

Category: Wahoo
1. 100.00

Team Rough Rider
John P. oeq

Recreational Division
Category: Amberjack
Points Name
1. 100,00 Aubrey Michael III
2. 60.00 Skip Hood
Category: Cobia
1. 100.00 Mlllard Collins
2. 80.00 Shawn Oxendine
3. 60.00 Joe Fernandez
Category: Dolphin
1. 100.00 Aubrey Michael III
2. 80.00 David A. Hollberg
3. 60.00 M. Douglas Hollberg
SCategory: Flounder
1. 100.00 Doug Cole
:2. 80.00 Jim Higgins
S3. 60.00 DannyLitton
: Category: Orouper
1. 80.00 Jeremy Poarch
:2. 60.00 Steve Strickland
Category: King Mackerel
S1. 100.00 Michael Shane Byrd
2. 80.00 Jeff Leckinger
3. 60.00 David L. Zeigler
Category: Sailcat
1. 100.00 Charles E. Daffln IV
:2. 80.00 Danny Litton
,3. 60.00 Kerry M. Anthony
SCategory: Spanish Mackerel
1. 100.00 David Williamson
2. 80.00 Kyle Hassfurder
3. 60.00 John F. Sullivan
Category: Speckled Trout
1. 100.00 John Long
' 2. 80.00 Earl Solomon
S3. 60.00 Steve Mathews
SCategory: Wahoo
S1. 80.00 John P. Jones

Flv Rod
: Category: King Mackerel
1 Points Name
S1. 28.000 Gary Click
' Category: Redflsh
1. 28.500 Bill Greer
2. 18.000 Gene K. Strickland
- Category: Speckled Trout
' 1. 25.500 George Wood
12. 19.000 Bill Pate
3. 17.500 Gene K. Strickland

'Masters Boat Team Division
SCategory: Amberjack
SPoints Name
1. 100.00 Clay W. Bally
!,2. 80.00 Pirates Landing
:,3. 60.00 Miller Marine, Ti
:4. 40.00 Never Enough
Category: Cobia
1. 100.00 Spindrift Chart


Marina, Inc.













Length in inches



Point Leaders for Recreational Team Challenge
Name Points
Deep Harbor Homes 360.000
Jacksons Big Bend Outfitters 320.000
Barnacle Bills 300.000
Team Rough Rider 200.000
Alligator Point Safari Club 180.000
Pirates Landing II 160.000
Survivors 140.000
Calico Jacks 140.000
Pauls Plumbing 60.000
Sail Fish 60.000

Point Leaders for Recreational Division
Name Points
Aubrey Michael III 200.000
Danny Litton 140.000
Millard Collins 100.000
John Long 100.000
David Williamson 100.000
Michael Shane Byrd 100.000
Doug Cole 100.000
Charles E. Daffln IV 100.000
Jim Higgins 80.000
Jeremy Poarch 80.000
Jeff Lecklnger 80.000
Kyle Hassfurder 80.000
David A. Hollberg 80.000
Earl Solomon 80.000
John P. Jones 80.000
Shawn Oxendine 80.000
Kerry M. Anthony 60.000
John F. Sullivan 60.000
David L. Zeigler 60.000
Steve Mathews 60.000
Steve Strickland 60.000
Skip Hood 60.000
M. Douglas Hollberg Jr. 60.000
Joe Fernandez 60.000

Point Leaders for Master Boat Team Division
Name P ints
Pirates Landing Marina, Inc. '. 360.000
Clay W. Baily 300.000
Miller Marine, Inc. 220.000
Never Enough 140.000
Hot Flash 140.000
Spindrift Charters 140.000

Jackpot Winners
Total Entrants for the Recreational Division/Cobia: 16
Name Weight
Joe Fernandez 26.380
Total Entrants for the Recreational Division/Flounder: 10
Name Weight
Jim Higgins 3.2000
Lamar Munroe 2.690
Jody Campbell 1.980
Lamar Munroe 1.830
George H. Brooks 1.470
Total Entrants for the Recreational Division/Grouper: 43
Name Weight
Shawn Oxendine 13.020
Michael J. Fisher 12.620
Luther S. Bower 12.420
Total Entrants for the Recreational Division/King Mackerel: 33
Name Weight
David L. Zeigler 33.100
Ed Saunders 14.900
Aubrey Michael III 14.620
David Boyd 14.340
David Williamson 12.860
Terry P. Brinkley 9.280
Alex Gallagher 8.3
Ed Saunders 7.380
Total Entrants for the Recreational Division/Sailcat: 22
Name Weight
Charles E. Daffin IV 6.900
Joe Carter 5.680
Willaim H. J. Wilson 5.320
Jim Higgins 5.310
Total Entrants for the Recreational Division/Spanish Mackerel: 15
Total Entrants for the Recreational Division/Speckled Trout: 11
Name Weight
Michael Perdue 4.810
Lamar Munroe 1.410


Water Quality


The f1,1 i111\ ;i'l staff of the Uni-
versltl) i I'l1Irl. I. MllchellAquac-
ulture Farm In Blonntstown are
conducting an educational work-
shop on water jI1.i1ll,1 i1 aquac-
ulture on 25 Jul\. I'i"15
Topics will include basic consid-
erations of freshwater aquacul-
ture with emphasis on water qual-
ity management. A review of cul-
ture systems, fish nutrition, feed-
ing practices, aeration and water
quality monitoring will be pro-
vided. The workshop will also in-
clude hands-on instruction in
water quality test kits and tour of
aquaculture equipment.
A $4.00 registration fee Is re-
quired to cover the costs of mate-
rials and refreshments. The work-
shop is limited to the first 25 par-
ticipants who register. The regis-
tration deadline is 20 July.
Please contact the Franklin
County Extension Office at 653-
9337 for the registration form.
For additional information, please
contact Bill Mahan, County Ex-
tension Director.

Wakulla Denied Continued
From Page 1
porary injunction, ana raises a
questionable basis of granting a
permanent declaration which
would halt state prosecution for
'net ban' violations
However, he did not completely
close the door on the use of the
governmental purpose" as a way
or a county government to estab-
lish a legitimate fishery plan. He
said, "...The court has determined
that the plaintiffs are unlikely to
succeed on the merits of their
claim. However, the court does not
mean to suggest that it is impos-
sible. The county attorney has
made an ingenious
argument...and the court does not
fault the County Commission for
attempting to protect the vital in-
terests of of Wakulla County..."

wrong with that. One of the problems
in our society is that we don't have
enough jobs for our young people, so
they often turn to crime."

Plea Bargaining

The existence of plea bargaining in the
judicial system is something that
Judge Davey considers a "necessary
evil.' He explained, "There are not
enoughjudges, or state's attorneys or
public defenders to take every case to
trial. Ninety-two percent of all civil and
criminal cases are resolved without a
formal trial. We're going full steam try-
ing to try ten percent or less of all
cases. I'd hate to think what would
happen if twenty percent of those
cases wanted a trial. I'm not saying
it's a perfect form of justice. Some-
times it results in either sentences
that are too short or too long. I do
know that people enter pleas of con-
venience all the time. I'd hate to think
that someone who was truly innocent
would enter a plea bargain."

The Most Difficult

Among the most difficult cases to pre-
side over, Davey listed custody cases
as the toughest. "When both parents
are good parents or bad parents, it's
a difficult decision to make on what
would be best in the interest of the

He concluded, "I've got the only job
that when people leave my office, for
sure fifty percent and sometimes one
hundred percent aren't happy with the
decision I've made. I just try to do the
best I can, listen really careful to the
evidence and apply the applicable law.
It's not generally me who decides a
case, it's the evidence that does. I just
hope people consider that I'm a fair-
minded, hard working, independent
person. That's what I try to be. I guess
as long as I am happy with what I
think I'm doing, I don't think I have to
second guess myself."



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Published every other Friday


The Franklin Chronicle 30 June 1995 Page 13

$300,000 Hydrologic

Restoration Planned

for Tate's Hell

The Dept. of Environmental Protection (DEP) and the Northwest Florida
Water Management District (NWFWMD) have reached an agreement
to begin hydrologic restoration of nearly 7,000 acres in the Apalachi-
cola Bay watershed. Work is expected to begin in late summer 1995.
The plan is a pilot project designed to restore water quality and drain-
age flow in a portion of Tate's Hell known as the Glawson Tract. The
tract is part of 30,500 acres purchased by the State of Florida in
1994. The restoration project will also help preserve East Bay, a vital
estuary and the primary nursery area of Apalachicola Bay.
Background of the Problem
During the 1960's and 1970's the hydrology of Tate's Hell Swamp
was altered significantly in an attempt to establish extensive tracts of
pine trees and to enhance the production of pine timber on approxi-
mately 200,000 acres of topographically low, poorly drained land
known as Tate's Hell Swamp. The alterations involved the construc-
tion of roads and associated ditches, followed by large plantings of
dense stands of Slash pine.


Franklin Co.

The road network was constructed by excavating fill from either side
of the roadway and using the fill to establish a road bed across the
low, poorly drained terrain. The roads provided access to this vast
tract of lowlands and wetlands, while the excavations on either side
of the road formed ditches which aided in draining the land thereby
enhancing its potential as a pine plantation. Currently over 800 miles
of roads/ditches exist within this 200,000 acre tract.
The network of roads and ditches has a profound effect on the hy-
drology of the tract. The network intercepts sheet flow and diverts the
natural flow of water away from low lying drain areas and transports

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the water through ditches to 6ast Bay (the northern portion ol
Apalachicola Bay). In addition a portion of the ditch network appears
to be incised into the water table, thereby draining and lowering the
water table in the near vicinity of these ditches. Both the rate of dis-
charge to East Bay and the quality of the water being discharged
have likely been affected.
The Apalachicola River and Bay system, ranked as the highest prior-
ity water body under the water management district's (NWFWMD)
Surface Water Improvement and Management (SWIM) Program, has
been recognized as a valuable resource through official designations
such as Outstanding Florida Water, Aquatic Preserve and Interna-
tional Biosphere Reserve.
The first efforts of the $300,000 project will focus on the north por-
tion of the 30,500 acre Glawson tract, state-owned property in Fran-
klin County on the western side of the Tate's Hell Swamp. This wet-
land system plays a key role in the areas hydrologic cycle but has
suffered in the past few decades from man-made alterations, which
were caused by silvicultural activities designed to convert the area
into a pine plantation.
A key component is to simply establish the original water-drainage
patterns, said the NWFWMD Executive Director Doug E. Barr and
Dan Tonsmeire, Assistant Water Resource Planner for the SWIM pro-
gram. The expected result will be to improve the hydrologic function
and health of East Bay.
Hvdrologv of the Tract

yJ.AVAWC Vy U'A&, J.AU*.'
The hydrology of the Glawson Tract is driven by the gently sloping
topography with broad flats and depressional areas. Under natural,
redevelopment conditions, excess rainfall appears to have flowed
via sheet flow toward poorly defined drainage ways which transport
the water downgradient and feed into well defined creeks (Whiskey
George Creek, Fort Gadsden Creek, Juniper Creek, Doyle Creek and
Graham Creek). North of Evans Lake Tram Road the poorly defined
drainage ways are not defined by the USGS 1:24,000 topographic
data due to the low land surface gradients and the available elevation
data. South of the Evans Lake Tram Road the drainage ways become
more pronounced and are evident on the available topographic maps.
The demonstration area, under natural (pre-drained) conditions, ei-
ther drains to the west into Fort Gadsden Creek, or to the east into
Whiskey George Creek or to the south into Juniper Creek which feeds
into Whiskey George Creek. Surface water flow direction across the
broad flats and depressional areas found north of the Evans Lake
Tram Road is not evident, thus it is difficult to accurately determine
the drainage basins associated with the above referenced creeks.
Due to a complete lack of ground water wells on the tract, no specific
data is available with regards to the ground water flow system. Based
on available Franklin County data and regional hydrogeologic data, a
conceptual ground water flow model was developed.
The Surflcial Aquifer consists of the saturated subsurface layer of
sand which extends from the water table to a depth of approximately
40 feet. Minor layers of clay or organic peat may also be present within
this aquifer. Underlying this aquifer is the Intermediate Confining
Unit which hydraulically separates the overlying Surficial Aquifer from
the underlying Floridan Aquifer. Rainfall directly recharges the
Surficial Aquifer. The water table is very shallow, essentially at land
surface, during much of the year over a large portion of the tract. The
configuration of the water table is generally expected to mimic or be a
subdued replica of the land surface.
A portion of the ground water flow within the Surficial Aquifer is lat-
eral, towards discharge points along areas of lower elevations such
as streams, hardwood drains and ditches. Over most of the tract, the
vertical component of ground water'flow between the Surficial Aqui-
fer and the Intermediate System is expected to be downward provid-
ing recharge to underlying hydrogeologic units, although, at the low-
est elevations adjacent the larger creeks, the vertical component of
ground water flow may be upwards with ground water flowing from
the Intermediate System into the Surficial Aquifer and discharging
into the creeks.
The road and ditch network constructed during the 1950's, 1960's
and the 1970's has had a profound affect on the hydrology. This net-
work was constructed utilizing backhoes for the smaller ditches and
roads, while draglines were utilized for construction of the larger
ditches and roads. Drainage ditches created utilizing backhoes are
reported to be, on average, 12 squarelfeet in cross-sectional area. The
typical dragline ditch is reported to be approximately 15 feet wide
and 4 feet deep. Deeper ditches were required in areas due to slight
changes in elevation and the need to maintain a directional gradient
to remove water from the tract (personal communication Billy Kersey,
February 1994).
The road and ditch network affects the removal of storm water from
the tract in two ways. First, the ditches are effective in draining the
land adjacent to the roadways and ditches, speeding the runoff from
these areas and lowering the water table. This effect, based on.ob-

Once Upon a Tale with

Olusega and Other Friends

By Amanda Loos
The Franklin County Public
Library's Summer Reading Pro-
gram was welcomed to Apalachi-
cola on Saturday, 17 June, with
a story telling program presented
by Samuel Williams, or Olusega,
an African name meaning "God Is
Olusega is a member of Phoenix
Uprising, the reggae band that
captivated over one hundred chil-
dren and adults under the big oak
tree at the Holy Family Center/
Library Program Center earlier
this spring. He returned to
Apalachicola through the Wilder-
ness Coast Public Libraries by the
request of Library Director, Eileen
Annie, to provide an exciting spe-
cial experience for the youngsters
enrolled in the Summer Reading
Thirty-two children and nine
adults circled anxiously around
Olusega as he weaved African
tales of wonder and common
sense. Using various types of
drums, and other native African
instruments like the talking drum
from Nigeria, he animatedly told
the stories ofAnansi (comparable
to Brer Rabbit) and his search for
common sense, how he got into
trouble with his friends, and why
spiders live in corners.
Olusega and a group of thrilled
volunteers, enacted the story of
Cunning (Mario) Rabbit and how
he outsmarted Chief (Bernard) to
marry the Princess (Deanna).
He brought the children back into
black history to talk about Paul
Lawrence Dunbar, one of the first
African-Americans to receive rec-
ognition for his poetry. Olusega
read a few of these poems with
the help of the listeners, includ-
ing 'The Negro Love Song" which
he said was for "everybody who
is, ever has been, or ever will be
in love." (Jump back, honey, jump
After the stories had woven the
room together, the kids swarmed
Olusega with questions about Af-
rican history, his own history
("Are you really 700 years old?"),
and his band, Phoenix Uprising.
They surprised him by suddenly
bursting into "Wise Up," the song
written by one of the band mem-
bers, and performed by them
when they were last in Apalachi-
cola. "Wise up, my people, rise up

and let your mind be free,"
chanted the room, hand-clapping
keeping the beat.
When asked by an eager young
man about his goals, Olusega re-
plied, "One of my goals is for all
of you to grow up to be very pros-
perous and successful in your
Beginning on 13 June, the Sum-
mer Reading Program is meant to
promote the love of reading and
open to children from grades Kin-
dergarten through the sixth. It is
held in three sites, run by Jackie
Gay in the Carrabelle Branch,
Eileen Annie in the Eastpoint
Branch, and Dolores Law at the
Program Center in Apalachicola.
It is made possible by a grant from
the Watkins Foundation.
The theme this year is Once Upon
A Tale which focuses on folklore,
stories, and storytelling. Tales
read and told will include family
tales, fantastic tales, jump tales,
naughty tales, perplexing tales,
and tall tales.
With the help of this year's mas-
cot the Florida Panther, the kids
will partake in various crafts and
special projects such as doll-mak-
ing, castle-making, puppet shows,
journal-keeping, and magic
tricks. Each day, the groups look
forward to the poetry break, dur-
ing which they can enjoy and
learn to enjoy all types of poetry.
The program will run through 5
August and is still open for kids
to join in the fun. In all three sites,
grades K-2 meet on Tuesdays and
Wednesday from 10:30 a.m. -
12:00 p.m., and grades 3-6 meet
on Thursday and Fridays from
10:30 a.m. 12:00 p.m.
Special programs are held on
some Saturdays and are open for
all ages. Special events coming up
include storytelling by Christy
Koontz on Saturday, 1 July, at the
Eastpoint Branch of the Library
at 10:30 a.m. Also, on 8 July,
Shelly Harshbarger will hold a
storytelling session in Carrabelle
at 10:30 a.m. These programs are
brought to Franklin County
through the Wilderness Coast
Public Libraries.
For more information about the
program, call you local library site
at 697-2366, 653-2784, or 670-

( demonstration area

served timber growth rates, is apparently limited to a relatively nar-
row band of land along the ditches. The effect of the drainage net-
work on the water table on portions of the tract distant from the
ditches appears to be minor in comparison. The second, and perhaps
more significant is the effect of the roads. The roads form barrier
berms blocking the flow of water, intercepting and deflecting flow,
thereby depriving flow of water from downgradient areas. This water
is then carried off via the ditch network. This is particularly signifi-
cant where the roads, with no culverts, cross shallow, poorly defined
drainage ways, totally diverting runoff from significant, downgradient
portions of the basin.
The combined road and ditch network has a significant effect on the
hydrology of the tract, and may have a significant effect on the East
Bay estuary. The network rapidly removes surface water from
depressional areas and intercepts sheet flow and drainage ways de-
priving flow to downstream wetlands. The ditches also intercept the
water table in many areas forming drains which are believed to lower
the water table and affect the ground water flow system by increasing
the ground water discharge rate during wet seasons and decreasing
the ground water discharge to the creeks and East Bay during peri-
ods of drought.
The network is effective in diverting and removing water from the
tract. The water is transported at increased velocities through the
ditch network and discharged into creeks which in turn discharge
into East Bay, likely affecting both the temporal and areal distribu-
tion of the discharge from the tract and the quality of the water being
discharged into the bay. The expected cumulative effect of the net-
work on the water discharge rates from the tract to East Bay is to
increase the ground and surface water flux during wet periods, and
decrease the flux during dry periods. The network is also expected to
affect the quality of the water being discharged to East Bay. Param-
eters most likely affected include pH, dissolved oxygen, turbidity, to-
tal suspended solids and nutrients. Past timber management prac-
tices and changes to vegetative regimes are also expected to have
impacted the hydrology of the tract and the quality of water being
discharged into the bay.
The Plan
The restoration plan is essentially designed, to convert the existing
road and drainage ditch network to a system of elevated roads with
no effective ditches, along with an adequate number of culvert/low
water crossings to allow water to return to a more natural flow path.
Ditch plugs will be installed at selected points allowing for re-estab-
lishment of a more natural flow system. Removal of road beds is to be
accomplished in only a few areas where the roads intercept signifi-
cant drainage features. ..- -..,. ,-
Effects of Restoration
The restoration will affect surface and ground water discharge rates,
the quality of water being discharged from the demonstration area
and the soil saturation conditions. The restoration is intended to re-
connect wetland areas fragmented and isolated by the road and ditch
network, and to restore the natural water flow through these wet-




juries associated with fireworks.
Of those cases, 9,080 occurred in
the 30-day period surrounding
July 4th. One-third of the victims
were under 15 years of age.
The spectacular displays that
many communities conduct to
celebrate Independence Day are
conducted by traineead and licensed
professionals. People who want to
mark the nation's birthday would
be advised to visit such an event
rather than risk personal injury
by using any kind of fireworks

The Federal Hazardous Sub-
stances Act prohibits the sale of
the most dangerous fireworks, in-
cluding reloanable shells, "Cherry
Bombs" aerial bombs, "M-80s
and "Silver Salutes."
and "Silver Salutes."

Florida law is even more
strict and prohibits al-
most all devices that
contain explosives.
"Black Cats," "Ladyfin-
gers" and similar fire-
crackers are illegal in
Florida. Also illegal in
Florida are "Roman
Candles," "Skyrockets"
and other devices that
are ignited and emit
projectiles or launch
into the air.

In fact, the only fireworks legal for
the public in Florida are sparklers
approved by the State Fire
Marshal's Office. Sparklers are
defined as hand-held or ground-
based devices which emit show-
ers or sparks upon burning but

do not detonate or explode and
cannot propel themselves through
the air. Toy gun "caps," "smoke
bombs," "party poppers" (which
"pop" when a string Is pulled),
"snappers" (which "pop" when
thrown on a hard surface), and
"snakes" (which produce a large
snake-like ash when lit), are not
defined as fireworks and are also
considered legal.
The Florida Department of Agri-
culture and Consumer Services
works with the CPSC and Fire
Marshal's Office to check reports
of unsafe fireworks or illegal sales.
Anyone with information about
violations should contact local law
enforcement agencies.
Individuals who insist on cel-
ebrating with their own fireworks
should use only legal devices and
observe these safety tips to help
keep their holiday from turning
into a tragedy:
*Do not allow young children to
play with any fireworks; closely
supervise older children.
*Use only fireworks that are legal
in Florida and follow written
warnings and instructions.
*Do not use homemade devices or
alter commercial fireworks.
*Light fireworks in a clear area
away from bystanders, homes,
dry leaves, glass, unlit fireworks
or other combustibles.
*Always keep water close by for
emergencies. Douse fireworks
that don't properly ignite never
try to relight them.

July 4 Fireworks
Donations Accepted
Fireworks for the Apalachicola
Bay Chamber of Commerce/
Florida Seafood Festival Fourth of
July celebration in Apalachicola's
Battery Park have been ordered
and donations for this spectacu-
lar pyrotechnic affair are now be-
ing accepted at the Apalachicola
State Bank Apalachicola office.
Anyone interested in donating to:
this festive event which culmi-
nates a day of food, entertain-
ment, an auction, fellowship and
fun, just call ASB President Barry
Brynjolfsson at 904/653-8805.




Page 14 30 June 1995 The Franklin Chronicle A LOCALLY OWNED NEWSPAPER Published every other Friday

/ /


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