Title: Franklin chronicle
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00089928/00198
 Material Information
Title: Franklin chronicle
Physical Description: Newspaper
Language: English
Publisher: Russell Roberts
Publication Date: November 1, 2002
Copyright Date: 2002
Spatial Coverage: United States -- Florida -- Franklin -- Apalachicola
Coordinates: 29.725278 x -84.9925 ( Place of Publication )
 Record Information
Bibliographic ID: UF00089928
Volume ID: VID00198
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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Franklin PERMIT #8

Frank n32


Volume 11, Number 22 A LOCALLY OWNED NEWSPAPER November 1- 14, 2002

On the Eve of the Seafood Festival Eastpoint

Oral Argument In Pringle-Crum Contractor

Case Before The First District Court Carl Hoffman

Of Appeals Files For

Each party had 15 minutes to argue on October 22nd
Several months after the trial court in Wakulla County ruled that the
Pringle-Crum rectangular nets were legal and conformed to the re-
quirements of the Florida Constitution, the State of Florida appealed
the decision to the First District Court of Appeals. The initial case
was started by Ray Pringle and Ronald Fred Crum, seeking a declara-
tory judgment as to the legality of their nets and Judge Sauls, the
trial court, declared that the nets were legal. The Fish and Wildlife
Conservation Commission (FFWCC), the defendants in the initial case.
did not agree and appealed the decision to the First District Court of
Appeals. Jonathan Glogau, from the Office of the Attorney General.
appeared for the State of Florida (the appellant), and Ron Mowrey
argued on behalf of Pringle and Crum.

The Wakulla Fishermen's Association planned a demonstration on the
day of the oral arguments before the First District Court of Appeals,
October 23rd. Their appeal has been to communicate to the public that
the new, what they call a hybrid net, actually conserves the mullet fishery
by not grilling juvenile fish, allowing them to escape and continue to
build up the resource. Under the rules enforced by Florida they are forced
to use nets with a two-inch mesh or smaller, which in fact causes them to
kill juvenile fish, in violation of the Constitutional Amendment involving
the limitation on nets. A hybrid net was devised by Mr. Ray Pringle and
-- Ronald F. Crum that allowed these juvenile fish to escape, yet still enabled
the fishermen to earn a living by capturing mature mullet, although not
in the enormous quantities fished in the period before the net limitation
went into effect (1995). Their argument with the regulatory authorities
is simply to obtain approval to use a smaller net so they may earn a
living. The court case argued before the First District Court of Appeals
seeks to uphold a lower court's decision that the Pringle-Crum net was
indeed legal and conformed to the requirements of the Constitutional
Amendment. The State of Florida disagreed and therefore appealed that
decision made by Judge Sauls in the Wakulla Circuit Court. The outcome
of the arguments remains uncertain until the appeal court renders a
decision, sometime within the next three months.
Normally, proceedings of the First District Court of Appeals are closed
to tape recorders and cameras. The Chronicle obtained a copy of the
arguments released in the form of a videodisc and transcribed ex-
cerpts of the arguments for presentation in this issue. Additionally. a
few frames of the video are also presented so one can have a better
idea of the court's environment as well as that of the appellant and
appellee (the party defending the appeal). The panel assigned to hear
the oral arguments consisted of Judges Michael E. Allen, Marguerite
H. Davis and Philip J. Padovano. During the arguments by either
side, it is common for the justices to raise questions directly to the
parties involved, as illustrated in the brief inquiry raised with Attor-
ney Ron Mowrey described below.
S While the state presented their arguments for overturning the lower
court decision first, they were followed by Ron Mowrey's arguments
made on behalf of Ray Pringle and Ronald Fred Crum. We are pub-
lishing these arguments in the order that the comments were made.
but also in parallel. Thus the appellee's arguments are presented in
the left colunin, and the appellant's arguments are found in the right
column. Note too, that the three dots represent awkward pauses.
cross-talk, vocalized pauses, or unintelligible words that could not be
deciphered even with the tape copy run at slow speeds to identify
syllables or vowels.
We hope that these excerpts will bring the entire case and issues into
much sharper focus. The public needs to be better informed on the
problems connected with the Net Limitation Amendment to the Florida
Constitution and the inconsistencies clearly present in the Florida
law on this subject.

This is the view from the video camera high above the three-judge panel
hearing an argument from Mr. Ron Mowrey (lower portion of the frame).
Cameras and tape recorders are banned from these hearings so the
Chronicle obtained a videodisc copy of the arguments and transcribed
the contents. These excerpts are presented below.

Argument by
Ron Mowrey for
Ron Mowrey: "...This is a declara-
tory judgment action and I believe
Judge Sauls, as the trier of fact
and law. His decision is therefore
afforded a presumption of correct-
ness and will not be rejected or
reversed on appeal unless based
Continued on Column 3,
Page 7

Argument by
Jonathan Glogau

John Glougau: "...In 1995, when
Section 16, Article 10 of the Con-
stitution became effective, seven
and one-half years later, we're
standing here before you still
about proper classification of fish-
ing nets and who should make
Continued on Column 4,
Page 7


A meeting of creditors in the
bankruptcy case of Carolos A.
Hoffman, Jr. also known as Carl
Hoffman, has been scheduled at
the U. S. Trustee Hearing Room
1046, in the Federal Building, 227
North Bronough Street, Tallahas-
see on Tuesday, November 12,
2002. Mr. Hoffman filed for bank-
ruptcy on October 10, 2002 un-
der Chapter 7, of the Bankruptcy
Code (Title 11, U. S. Code), Up to
95 creditors have been sent writ-
ten notices including dozens of
businesses in the panhandle re-
The total number of debt claims
exceeds $700,000. Among the
larger claims is that of Taylor's
Building Supply, Eastpoint, at
$395,522.45 for building sup-
plies. Others include Wilson's
Septic Tank Service (Apalach-
icola), Ulrich Construction
(Eastpoint), Sunshine Painting
(Eastpoint), Seller's Tile (East-
point), R. A. Gray (Carrabelle),
Tiffin Interiors (Eastpoint),
Terminix (St. George Island),
Roddenberry Surveying (Sop-
choppy), George E. Weems Hos-
pital (Apalachicola), Luberto's
(Eastpoint), Rand R Vinyl Siding
(Apalachicola), Harbor Electric
Supply (Apalachicola), Eastpoint
Water and Sewer (Eastpoint),
Contractor's Depot (Eastpoint),
Brooks Concrete (Panacea) and
Bobby James, Inc. (St. George Is-
At the November 12th meeting,
the debtor must be present to be
questioned under oath by the /
trustee and by creditors. The
bankruptcy trustee in this case is
William J. Miller, Jr. (Tallahassee).
The filing of the bankruptcy case
automatically stays certain collec-
tion and other actions against the
debtor and the debtor's property.
Common examples of prohibited
actions include contacting the
debtor by telephone, mail or oth-
erwise to demand repayment; tak-
ing actions to collect money or
obtain property from the debtor,
repossessing the debtor's prop-
erty; starting or continuing law-
suits or foreclosures; and gar-
nishing or deducting from the
debtor's wages.
The debtor is permitted by law to
keep certain property as exempt.
Exempt property will not be sold
and distributed to creditors. The
debtor has filed a list of all prop-
erty claimed as exempt, and credi-
tors may examine that list at the
office of the Clerk of Bankruptcy
Court (Tallahassee). The deadline
to object to exemptions is 30 days
after the conclusion of the meet-
ing of creditors. The deadline to
file a complaint objecting to dis-
charge of the debtor or to deter-
mine dischargeability of certain
debts is January 13, 2003.

Timber Island

Yacht Club

10th Annual
Boat Parade

Of Lights

Dedicated To The Youth
of Franklin County
By Tom Campbell
Continuing their efforts to sup-
port the youth of Franklin County,
The Timber Island Yacht Club of
Carrabelle announced this week
the Tenth Annual Boat Parade of
N Lights, which is open to anyone
- who wishes to participate. This
has become one of the most ea-
gerly anticipated events in the
Franklin County area during the
holiday season. Last year there
were over thirty boats decorated
with Christmas lights, and holi-
day tunes filled the air.
This year's 10th Annual Boat Pa-
rade of Lights is scheduled for
Saturday, December 14 at 6.30
p.m. The event brings out the
child in each of the participants
and spectators. Last year's atten-
dance was estimated at about
2,000 with people attending from
as far away as Atlanta, Jackson-
ville and Tallahassee.
. The parade takes place on the
Carrabelle River beginning at the
Old Flour Docks, continuing up
Continued on Page 10

Inside This Issue
10 Pages
Pringle-Crum Appeal....
................... 1,7,9, 10
Bald Point Park ... 1, 10
Timber Island Parade...
........................... 1, 10
Hoffman Bankrupcty 1
Editorial & Commentary
................................. 3
St. George Island Park4
Missionary's Diary ..... 5
Chronicle News.......... 6

The 2002 Florida Seafood
Festival Timetable

Friday, November 1, 2002

4:00 p.m.
4:00 p.m.
4 7 p.m.
7 9 p.m.
10:00 p.m.

Gates Open-No Admission Charge
Blessing of the Fleet
Arrival Hing Retsyo & Miss Florida Seafood
Musical Entertainment-Renegade, Amy Lynn
Musical Entertainment-Keep
Park Closes

Saturday, November 2, 2002

8:00 a.m.
10:00 a.m.
10:00 a.m.
10:00 a.m.
11 1:00 p.m.
1:00 p.m.
2 6:00 p.m.
6 7:30 p.m.
7:30 9 p.m.
9 p.m. 1 a.m.
10:00 p.m.

RedFish Run (Gibson Inn)
Gates 'Open $5 Admission (kids under 12 free)
Parade (Avenue E/Highway 98)
Arts/Crafts/Food Vendors Open
Musical Entertainment-Twilight
Oyster Shucking Contest followed by
Oyster Eating Contest
Musical Entertainment-Keep, Locomotion.
Billy Rigsby
Musical Entertainment-King Cotton Blues
Musical Entertainment-Southern Rock Allstars
King Retsyo Ball Featuring Twilight
Park Closes

Sunday, November 3, 2002

10:00 a.m.
1 4 p.m.
4:00 p.m.

Gates Open-No Admission Charge
Music Entertainment-Various Local Bands
Festival Officially Ends

Bald Point


Park Enlarged By

2800 Acres



Water Management Services, St. George
Versus State of Florida, Department of
Transportation I

St. George Water Costs Likely To

Go Higher

The litigation between the St.
George Water Management Co.
(WMSI), the utility that furnishes
water to island residents and
businesses, and the State of
Florida Department of Transpor-
tation came to a close in Franklin
County Circuit Court in mid-
October. The prevailing party is
the Department of Transporta-
tion, the defendant in the case.
St. George Water Management
sued the Department of Trans-
portation claiming that the in-
creased cost of installing a new
water line on the new bridge to
St. George Island constituted in-
verse condemnation and amount-
ed to a seizure of the line without
compensation. Judge Steinmeyer
concluded that a 1974 utility per-
mit between Water Management

Services, Inc. and the Department
of Transportation contained vari-
ous "enforceable conditions in-
cluding the requirement that
WMSI relocate its water line at
WMSI's expense." The utility per-
mit also provided that the plac-
ing of facilities upon the bridge
shall not operate to create any
property right in WMSI. 'There-
fore, pursuant to the conditions
of the Utility Permit, WMSI must
relocate its water line at WMSI's
The likely outcome of this litiga-
tion is that the cost for construct-
ing the new water line would be
passed to the users of water ser-
vices on St. George Island result-
ing in higher monthly bills.

The acquisition was made
through a multi-party agreement
involving the Dept. of Environ-
mental Protection (DEP), Division
*of State Lands (DSL) and the Na-
ture Conservancy, Inc. (TNC). TNC
acquired an option to purchase
the 2800 acres from the St. Joe
Timberland Company and this
option purchase was approved on
October 8, 2002. The governor
and cabinet then acquired the
property from St. Joe Timberland
for $10,302,000 with $100,000
paid to TNC for overhead associ-
ated with acquiring the, option.
The St. Joe Timberland Project is
an "A" group project on the
Florida Forever Full Fee Project
List approved by the board of
trustees (governor and cabinet) on
August 27, 2002. The entire
project contains 96,351 acres of
which 35,346 acres have been
acquired by the board of trustees
thus far. About 60 percent or
58,153.3 acres of the St. Joe Tim-
berland Florida Forever Project
will remain to be acquired.
The St. Joe Company expressed
an interest in linking existing and
_ future St. James Island commu-
nities with Bald Point State Park
via trail and greenway connec-
tions. The Division of Recreation
and Parks of the Dept. of Envi-
ronmental Protection (DEP)
agreed to work with St. Joe dur-
ing the development of the Bald
Point Unit Management Plan to
link the existing park into a re-
gional park and greenway concept
with future area developments.
Public acquisition of the St. Joe
Timberland Project will consoli-
date the St. Joe Company owner-
ships already included in other
Florida Forever projects, thus
helping to preserve large undevel-
Soped tracts of land for native
plants and animals and giving the

Continued on Page 10

Paue 2 1 November 2002


The Franklin Chronicle

William Trotter

Maritime Studio

A special silent auction of origi-
nal oil paintings by world re-
nowned Artist William Trotter fea-
turing our Apalachicola Bay his-
tory will be held from 6 p.m. to 8
p.m. on November 8. Refresh-
ments will be served. These origi-
nal oil paintings will be featured
in a new book titled "Apalachicola
Bay Area." The paintings will be
on display October 27 to Novem-
ber 8 as a fundraiser for the Vol-
unteer Fire Department of St.
George Island. Bids can be made
at any time from October 27 to
November 8. You do not have to
be present to win.

Juice & Java
49 West Pine Avenue
St. George Island, Florida
(850) 927-3925

William Trotter's Art
As a maritime painter Trotter has
devoted a lifetime re-creating
sea-faring history in oil paintings.
His images portray the timeless-
ness of the history of the sea sail-
ing ships, steamboats and light-
houses around the United States.
After traveling the country study-
ing and exhibiting lighthouse

.,:7- ,

paintings, he founded and main-
tained the American Lighthouse
Historical Society and Museum
for fourteen years. His work can
be seen in museums, corporate
collections, and private collections
around the country including the
prestigious Army Navy Club in
Washington D.C. Trotter's works
can also be seen in books written
by Authors Dr. Kevin McCarthy of
the University of Florida, noted
steamboat expert Edward Mueller
and other publications around the
world. You may also find his work
in seven videos entitled "The
Florida Keys Dive Odyssey" and a
website produced by Don Ferg-
uson. He was "Artist in residence"

The Carrabelle Lighthouse
Association Hears Good News

By Rene Topping
The Carrabelle Lighthouse Asso-
ciation (CLA) President Barbara
Revell has been in touch with the
State of Florida to ask what the
next step that the CLA should be
taking to start the renovations to
the Crooked River Lighthouse.
She said "They told me that we
should be hiring an architect."
'She was approved by the mem-
bers to start looking for such a
person. Revell said that the type
of person would be one who could
go along with the association and
- ." help them step by step.
Sheila Hauser said that Carra-
belle is highlighted in the Florida
Travel magazine with an article by
Sandy Summers entitled "Fabu-
lous Fishing." Hauser said we will
be in the spotlight for at least six
months as that is how long the
article is on their website and then
it goes into the magazines' ar-
Revell said that she had been re-
elected to serve 'on the board of
the Florida Lighthouse Associa-
tion for one more year.

Bonnie Stephenson said that the
members are invited to a Christ-
mas party at the Old Carrabelle
Hotel on December 13 and those
wanting to go must RSVP by De-
cember 2. Bring finger food and
any wine or spirits you may want.
Soft drinks will be available.
Sheila Hauser announced that
the CLA will sponsor an Art Con-
test starting in January 2003.
John Canadian said he had a let-
ter from a past lighthouse keeper
by the name of Gaylord Fuller who
is willifig to track the lens of the
The fund-raising committee did
very well with the doll raffle., They
will plan something for the Camp
Gordon Johnston Celebrations on
March 8, 2003.
Mary Ann Shields has volunteered
to write letters to any associations
that are offering grant a member
finds. Revell said that 'the 'best
places to look for money are foun-
At the little Lighthouse Park, the
Sea Oats Garden Club is at a
standstill on the timber posts they


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If your idea of paradise is to be in an area surrounded by
miles of rivers, thousands of acres of wetlands and
unspoiled forests you'll find no better place to live than
St. James Bay. This new golf course community is
located in picturesque Carrabelle. An 18-hole golf course,
two tennis courts, swimming pool, restaurant and bay
access will all be part of this affordable 370-acre commu-
nity. Fishing, bird watching or sun worshiping-it's all
within walking distance of the Gulf of Mexico. With only
161 lots available in Phase One these
beautiful sites will ,o
fast-so call us to
reserve yours
today! Contact Freda White

or Raymond \Villiams '
850-697-3919 Ba de
ST. AMES www.stjamnesbay.coni ReaI. Inc

in two cities, with works in city
and Government buildings,
schools, and churches. He has
donated thousands of dollars
worth of paintings and prints to
worthy causes throughout the
United States. As a registered
Coast Guard Artist, his work is
seen in their traveling exhibits.
The State of Florida uses his work
on their underwater archaeologi-
cal dive website, and he is known
as "the most authentic ship art-
ist in the State of Florida." His
work can be found with the Uni-
versity of Florida traveling exhibit
called "Down Like Lead" now tour-
ing the State of Florida.

wanted to install and plant vines.,
Three of the posts holding up the
fence at the lighthouse site are.1
rotted away and need replace-
ments. Also the soil in eroded'.
away on the south-west corner.
It is estimated that it would cost
an approximate $350.
There is a need for volunteer hosts"
to be at the lighthouse site par-
ticularly on weekends. Revell said
that several times members had
been working there they had light-
house lovers turn in and want to
have information. It would be
ideal to give them the story of how
CLA is trying to get funds to save
the lighthouse. The best time'
would probably be in January,
February and March. Next meet-,
ing will be November 19th at
6:30 p.m.

Five-Year Hunting
Ucense Comes
With Free
Hunting Supplies
The Florida Fish and Wildlife Con-
servation Commission's (FWC)
five-year hunting license promo-
tion is bigger than ever.
Sportsmen who buy a five-year
hunting license between Sept. 1
and Nov. 30 will receive a bonus
package, consisting of product
samples, discount offers, maga-
zines and coupons. In addition,
they can add permit privileges to
their five-year license, at the time
of purchase, and it will all be on
one credit card-style license.
"'This is what hunters have been
asking for," Kent Whittington,
FWC Marketing Manager, said.
"Now a hunter can add permits
like muzzleloading, archery and
, management area permits. They
can even add fishing licenses."
"With the addition of adding per-
mit privileges, one trip to the tax
.collector's office, and they'll be all
set to go hunting for five years,"
Whittington said. "They'll even
receive a renewal notice from the
FWC when their license is about
to expire."
The bonus package includes a
Simmons binocular, Birchwood
Casey Shoot-n-C targets and gun
cloths, Beef Jerky Outlet beef
jerky, BuckStop cover scent and
unscented sportsman soap, a
Woods N' Water three-month trial
subscription, Tony Chachere's
Creole Seasoning and other maga-
zines and coupons.
"Beyond the added value of the
'bonus package, the five-year
hunting license saves hunters up
to $6 in fees," Whittington said..
The bonus package offer also ap-
plies to lifetime sportsman's and
lifetime hunting licenses pur.-
chased during the promotional
period. More information is avail-
able online at www.florida-
conservation.org and click on
"hunters get free stuff."

~I' ~~72

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Swifty Serve stores across the southeast including several
in Franklin County, have closed in recent weeks. The
convenience store chain is headquartered in Durham, North
Carolina. The stores are also known as E-Z Serve, Country
Cupboard, Majik Mart and Pepco, employing more than
4000 persons throughout eleven states. The "bankruptcy
label" was found on one of the Carrabelle stores last week.

Philaco Club News

The Philaco Woman's Club of
Apalachicola hosted a Member-
ship Tea in August at the home
of David and T. McLain. Fourteen
new members have joined the
group. Many of these were wel-
comed at the September 19, 2002
meeting held at the Eastpoint
Methodist Church. The new mem-

bers are Vilma Baragona, Kay
Barnett, Kristy Branch, Sue
Cronkite, Marcia Johnson, Mon-
ica Lemieux, June Medley, Lucy
Moody, Laurie Murray, Melissa
Rapack, Dawn E. Radford, Celeste
Wall and Kay Wheeler.
Alice Jean Gibbs donated a framed
original pastel painting to the club
for a fundraiser raffle. Ticket sales
are being coordinated by Donna
Butterfield. The winning ticket
will be drawn in December.

Become an American Red Cross Disaster
Services Volunteer

Become a trained American Red Cross
Disaster Services Volunteer.
Contact us at 850/878-6080 or visit our
website at www.tallytown.com/redcross.

Red Cross



Notice is hereby given that the certified Tax Roll for the year 2002 has been delivered to
Franklin County Tax Collector James A. Harris, Jr., CFC by Franklin County Property Ap-
praiser Doris Barber Pendleton, for collection. The tax rolls, will be open for payment Novem-
ber 1st, for the 2002 Ad Valorem, Personal Property and Centrally Assessed properties for:

Franklin County Franklin County School Board *

City of Apalachicola City of Carrabelle Eastpoint Water & Sewer District *

Dog Island Conservation District Alligator Point Water Resource District *

Northwest Florida Water Management District *

Payments may be made at the Franklin County Court House 33 Market Street, Suite #202,
Apalachicola, Florida or at the Carrabelle Branch Office located at 1647 Highway 98 (Old
D.O.T Building) Carrabelle, Florida. Office Hours are Monday thru Friday 8:30 a.m. until 4:30
p.m. Payments may be mailed to the Franklin County Tax Collectors Office, P.O. Drawer 188.
Apalachicola, Florida 32329.







Statements will be mailed to all property owners or their agents at the last known address on or
before November 1, 2002. If you do not receive your tax bill notice, please contact this office at
(850) 653-9323 or (850) 653-8384 or Carrabelle branch office at (850) 697-3263 between the
hours of 8:30 a.m. and 4:30 p.m. Monday thru Friday or

Write to or E-mail:

James A. Harris, Jr., CFC
Franklin County Tax Collector
Post Office Drawer 188
Apalachicola, Florida 32320
Telefax: (850) 653-2529

I i


The Franklin Chronicle


1 November 2002 Page 3


Frankly Speaking In Franklin County

By Rene Topping
There has been a violation of First Amendment rights in Carrabelle
and I think it is only obvious that some of us need to go to the books
and read carefully the First Amendment to the Constitution of the
United States.
Back in 1791, the "founding fathers" saw that there had to be some
Amendments made to the United States Constitution.
They called the document the "Bill of Rights" and ratified thereon 10
amendments, on December 15, 1791.
It was no accident that the very First Amendment should be worded
thus: Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging the free-
dom of speech, or of the press; or the right of the people peaceably to
assemble, and to petition the Government for redress of grievances."
Many years have passed since the "founding fathers" wrote these
words, but they are still as alive as the day they were printed. This
amendment carved out that citizens of this great land should live
with freedom of religion, freedom of speech and a have free press.
It seems that you, Mr. Mayor, forgot about this Bill of Rights when
you accosted Ms. Mary Lou Mathes and violated her rights to the
freedom of speech. You forgot that Ms. Mary Lou Mathes is protected
by the First Amendment and had every right to sign a petition, as well
as every other citizen who chose to.
It all started with two legally constituted petitions for a referendum to
be held in order that the people might vote up or down. One petition
was in reference to the PUD Ordinance, the other was an ordinance
on the water and sewer service newly installed. The petitions were
passed among the voters of Carrabelle and when the needed amount
of signatures had been taken up, it was presented to you, Mr: Mayor
at a city meeting in September. The petitions were sent to Voting
Supervisor Doris Gibbs and she has certified the signatures.
I would like to give you a clear meaning of the word "Referendum." It
is: "The power to place an ordinance or other measure enacted by a
city legislative authority on the ballot for approval or rejection by the
So I was stunned when I heard you, Mr. Mayor, in loud strident tones
harassing Ms. Mary Lou with such accusations such as, "Who put
you up to this?" Calling her "not loyal" is a strange term for a woman
who served the residents of the City of Carrabelle for 25 years or
more and gained their love and respect for her quiet professional, but
kindly ways. Also saying that "I was the one responsible for getting
you this job." You tried to humiliate this lady who has never done a
bad thing to anyone she has met.
You must know, in saying these things you opened yourself up for
violation of the First Amendment. It is hard to believe that you chivied
her in that most ungentlemanly way, you pummeled her with the
tone of voice, until she burst into tears and almost passed out. In-
deed Ms. Judy, the manager of the store thought she should call the
E.M.S. Your conduct, Mr. Mayor, was unconscionable. There is no
excuse for you to stand there and publicly make her break down.
If you had wanted to know why she signed, you could have asked her
quietly and in private. What did you gain by making that horrendous
scene in a store full of shoppers?
So, Mr. Mayor, I have had my say. If you have a defense I would like to
hear it. I will now set down my pen and leave it to others to give their
opinions to the newspapers that are in our locality; The Tallahassee
Democrat, The Apalachicola and Carrabelle Times and in the one I am
proud to write for, The Franklin Chronicle.
I am sure that a whole heap of people will call on, or phone Ms. Mary
Lou. Please do! She needs your love now. But please also let your
* opinion be known.
I wrote this because I did not wart it to be "covered up."
I will stand by my gut feeling that you, Mr. Mayor, felt you could
intimidate Ms. Mary Lou. I hope you will think about this rage you
had and you will sincerely apologize to Ms. Mary Lou and do it pub-
licly at a city meeting.

Turtle Thank You

I would like to take this opportunity to thank those individuals and
organizations that helped to protect sea turtle nests on St. George
Island this,season.
Between May and October, volunteers conduct morning nest surveys
to locate and mark nests for protection, from the state park boundary
to Bob Sikes Cut. These nests are monitored daily until an evaluation
for contents and hatchling success can be done. These same volun-
teers also educate the visitors about the sea turtles that return yearly
to the beaches of St. George Island to make their nests.
Thank you, Patti McCartney, Barry and Dottie Snell, Donna
Butterfield, Karen and David Latty, Pam Prince and Curt Spangler,
Claire Sanders, Barbara Sanders, Mark Fulcher, Tammy Summers,
Stephanie Fahrny,_Bud and Gen Hayes, Jimmie Ward and Barbara

." ,- ^ lPhone:850-927-2186
S850-385-4003 (TALLAHASSEE)
V n- Facsimile 850-385-0830

Vol. 11, No. 22

November 1, 2002

Publisher. Tom W. Hoffer
Contributors .......... Tom Campbell
.......... Sue Cronkite
S........... Barbara Revell
.......... Rene Topping
.......... Jimmy Elliott

Sales.. ....................... ..................... Diane Beauvais Dyal
............ Tom W. Hoffer
Advertising Design
and Production Artist........................ Diane Beauvais Dyal
Production Associates ............................Andy Dyal
............ Michael Fallon
Director of Circulation ......................... Andy Dyal
Proofreader ........................................... M ichael Fallon
Citizen's Advisory Group
Rand Edelstein...................................... Alligator Point
Karen Cox-Dennis ................................ Apalachicola
Rene Topping ....................................... Carrabelle *
David Butler ......................................... Carrabelle
Elizabeth and Jim Sisung ..................... Eastpoint
Bedford and Eugenia Watkins.............. Eastpoint
George Thompson ........................ ........ Eastpoint
Pat M orrison ......................................... St. George Island
Dominic and Vilma Baragona .............. St. George Island

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 a 10 page issue would
cost $2.00 postpaid. Please write directly to the Chronicle
for price quotes if you seek several different or similar
issues. In-county subscriptions are $16.96 including tax.
Out-of-county subscriptions are $22.26 including tax.

Changes in subscription addresses must be sent to the
Chronicle in writing.
All contents Copyright 2002
Franklin Chronicle, Inc.

Riddle, Roger and Gay Martin, Dean cheer, Chris Crozier and Lori
Risner, Rick and Claudia Farren, Kim Norgren, Ed and Sandy Mitchem.
Thanks to the entire staff at the Apalachicola National Research Re-
serve, both the Eastpoint office and the Apalachicola office.
And because sea turtles are often adversely affected by lights...
teers whose efforts reduced the number of hatchlings disoriented by
house lights.
And thanks to those homeowners and visitors who turned out the
lights for the turtles.
If you found the time and space in your publication to print all or part
of this, I would be grateful.
Bruce Drye
Volunteer Coordinator
St. George Island Volunteer Turtlers

Summary: 2002 Season-St. George Island
161 emergences occurred (the turtle crawled out of the water far
enough for us to record the location)
99 of the 161 emergences were marked as nest locations to be moni-
tored and protected
93 of the 99 locations were found to actually be nests
88 nests were made by Loggerhead turtles Caretta caretta, 5 nests
were made by Leatherback turtles Dermochelys coriacea.
81 of the 93 nests were evaluated for contents and hatchling success
68 nests hatched with various percentages of success
8,435 eggs were counted, 6,262 eggs were found to be broken as if
12 nests washed away
6 occasions occurred when the public saw turtles make the nests, 1
of those occasions occurred during daylight hours
9 disorientation reports were submitted, 1 nest disoriented to the
same house 2 times, 1 house disoriented 2 nests in 1 night, 3 disori-
entations occurred near W. 12th St., 1 nest at W. 12th. .may have
been disoriented by car lights
1 live Green turtle Chelonia mydas stranded in the state park was
transported to Clearwater Marine Aquarium
The first Leatherback D. coriacea nest was marked on 4-25 and the
last was marked on 6-13
The first Loggerhead C. caretta nest was marked on 5-15 and the last
was marked on 8-3

Dear Friends And Community Leaders:

You are invited to a Community Coordination Meeting on
November 14, 2002, at 4:00 at the Carrabelle Branch of the
Franklin,County Public Library:
One of the reasons for the meeting is to bring the leaders of
the community together in an effort to promote community
spirit, coordination and cooperation. Also, we would like to
plan a calendar of events so that perhaps we can prevent
'conflicting events. "If there are~current conflicts perhaps, at
the meeting, we can discuss possible schedule changes so,
that everyone can have the opportunity to participate in all
David Butler is developing a community calendar so that
each organization is aware of what the other is doing. If your
organization has a set meeting time or event you can send it
to David so that he can put it on the calendar. If possible ,
please submit your dates and times before the meeting. You
can drop off your information to David at Gulf State Commu-
nity Bank or e-mail to David at David.Butler@gscb.com or to
Barbara Revell at benbar7@aol.com.

All organizations, including schools and churches are

If you have questions please call Barbara Revell at



Home, Auto, Life, Business, Marine, Bonds
and Other Lines of Insurance
See us for your insurance needs at:
61 Avenue E
Apalachicola, Florida 32320
850-653-2161 800-586-1415

From The Florida Health Care Association

Going, Going, Gone

Twenty Floridoa nursing homes have closed since
January; funding cuts could trigger even more

Elder care advocates are closely
watching a disturbing trend
emerging across Florida-the un-
ceasing wave of nursing home
closings that has already removed
more than 1,700 licensed beds-
two percent of the total number-
from the state "pool."
Nursing homes large and small in
both urban and rural areas have
closed, some giving little advance
notice. In the case of the urban
closings, patients were placed in
nearby facilities that had available
beds. Rural facilities that closed
caused families to have to look as
much as 50 miles away to find a
facility that could take their fam-
ily member.
"We are witnessing exactly what
we predicted would happen,"
FHCA (Florida Health Care Asso-
ciation) President Kelley Rice-
Schild said. "If our homes can't
make it, they close and their pa-
tients have to look elsewhere for
the care they must have to live."

More to come?
The reasons for the closings vary,
but a too common cause is the

fatal combination ot insufficient
patient reimbursement and in-
creased facility operating costs
caused by skyrocketing premi-
ums for general and professional
liability insurance. Worse, be-
cause insurance is scarce and fa-
cility coverage often inadequate,
financial institutions are reluc-
tant to lend, which closes off any
chance for a financially troubled
facility to stay in business. If cuts
in Medicaid reimbursement to
nursing homes are made in order
to offset state revenue shortfalls,
still more could close, and soon.
"There's every reason to believe
this is only the beginning,"
Rice-Schild said. "At some point,
people who need nursing home
care just won't be able to get it.
Then what?"
Despite historic elder care/law-
suit reform legislation approved
in 2001, lawsuit filings continue
across Florida and liability insur-
ers have yet to offer the coverage
facilities must have by law. Many
facilities are only one lawsuit
away from having to close,
Rice-Schild said.

Closed since January GulfCoast Nursng &Rehablltation..103 SnapperCreek Nursing Home........115
Facility Number of CON beds Cleawater Miami
ApalachicoloHealth Care Center.....60 Holiday Care Center..................60 Sunrise at North Shore..................26
Apalachicola Daytona Beach St. Petersburg
Bay St. George Care Center............ 90 Holmes Reglonal Cogtinuing Care....30 Swanholm Nursing & Rehabilitollon*..107
Eastpoint Melbourne St. Petersburg
Centers for Long Term Care..........120 IHS of Florlda at Sarasota Pavllion..180 Tampa Oaks Healthcare Center.,....100
Venice Sarasota Tampa
Crystal Springs Nursing Center......180 Mariner Health of DeLand............180 Transitional Core Center at South ....20
Thonotosassa Detand Miami
Fawcett Hospital Skilled Care Unit....25 Parkwood Nursing Home..............55 Vanderbilt Life Center...................71
Port Charlotte Pinellas Park Tallahassee
Florida Christian Health Center.....120 Pasco Nursing & Rehabilitation....... 40 Victoria Martin Nursing Home....... 38
Jacksonville Dade City St. Petersburg
*Closed for renovation

Fishermen's Ire Raised By Henry Cabbage

FFWCC Publicist Challenged To

Demonstrate Economic Viability Of

Legal Nets
After the oral arguments at the
First District Court of Appeals,
Tallahassee, on October 22nd, the
principals and fishermen gath-
ered outside the court for TV cam-
eras and the press. A spokesman
for the Florida Fish and Wildlife
Conservation Commission, iden-
tified as Henry Cabbage, was in-
terviewed. He said that the nets
properly used are workable and
the problem is the fishermen do
not know how to properly use the
allowed nets. So, the Wakulla
Fishermen's Association has chal-
lenged Mr. Cabbage, a publicist
for the FFWCC, to come to
Wakulla County and show the
fishermen how to use the nets.
Their handout spells out the chal-
lenge in more detail:
"This is an open invitation, a
challenge, to Mr. Cabbage by
the commercial fishermen in
the Wakulla Fishermen's As-


The Northwest Florida Re-
gional Housing Authority
is now accepting applica-
tions for its Public Hous-
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Applications are being
accepted for 1, 2, 3 and 4
bedroom apartments. For
additional information,
call 1-800-365-9527/Ext.
15 & 24.

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sociation to come and dem-
onstrate the proper use of a
500 square foot, two (2) inch
mesh net. He must be able to
catch marketable mullet dur-
ing his demonstration so our
members will learn how to
properly use the nets and can
again support their families
with these restricted nets. We
will provide him with a boat,
nets and any reasonable as-
sistance during his teaching
demonstration. He must
demonstrate the nets are
commercially viable for mul-
let fishermen.
Ronald F. Crum
(850) 984-5501.
Jerry W. Hendry
(850) 984-3237



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FRIDAY: Bring a date (adult or
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Page 4 1 November 2002


The Franklin Chronicle

Volunteers Honored

County Dedicates St. George

Island Park

Ribbon cutting by Ms. Cheryl Sanders L and Rep. Will
Kendrick with some of the volunteers looking on.

On a cloudy late afternoon,
Thursday, October 24, 2002, a
few hundred islanders and main-
landers gathered near the Pavil-
ion and rest rooms on St. George
Island to dedicate the new facili-
ties and have a pot luck supper.
Jeff Galloway, President of the St.
George Island Civic Club, opened
the ceremonies by introducing
Representative Will Kendrick. Mr.
Kendrick said:
"...I want to tell you all what
a pleasure it is to be home
this afternoon. You know, I
don't get this occasion very
often. Usually I'm ... at least
three hours after where I live
so it's good to be on this end
of the district for a change.
As most of you know, just
right across that piece of land
right there is the district line,
on the west end, so it's a plea-
sure to be able to retain St.
George Island in my own
home district... I'm excited
tonight about this ribbon cut-

ting... Not only because ot me
state's participation and the
county's participation but the
participation that it took from
the local community-the'
people here on St. George Is-
land-to make this become a
reality. There's a lot of effort
that goes into this ... You all
need to give yourselves, a
round of applause. Again,
congratulations on this park."
Mason Bean then addressed the
group as he called the volunteers
to the podium.
"...Here's our volunteers, al-
ways a team effort. You guys
are mighty special .... Life is
full of moments that are gifts.
And a lot of volunteers share ,
that. ... These moments truly
are gifts where we can appre-
ciate those people and those
actions. It's important for us
to maintain that community
spirit. In Franklin County, we
don't pay our volunteers. Not
because they're worthless.
Whether that's firemen, first
responders, turtle patrol, the
library, the playground-all
our volunteers ... We don't
pay our volunteers not be-

cause they're wvorthle-s. but
because they're PRICE-
Nick Yonklas then took the po-
"I was one of the volunteers,
and I think all of us-and I
realize I haven't gotten per-
mission to do this-I think all
of us would have to say that
this project would not have
gotten done but for Mason
Bean. (Applause). It just was
not,going to happen.... Our.
biggest debt to Mason is for
supervising us and helping us
get this done, and he deserves
the lion's share of the credit...
County Commissioner Cheryl
Sanders also addressed the gath-
ering crnorw dand rv1ornters.

Cheryl Sanders:
"...It is a great day in Franklin
County. When people can
work together and have the
product of your labor right
here. This is a product of the
county commission and the
volunteers... I'm looking' at
every one of you all. Doin' an
excellent job. It's a facility that
has been needed for years.
With all the tourists that
come in the summer, you all
know we need it. So, on be-
half of the board, I say con-
gratulations to you all for a
facility well done ..."
The celebration and the meal
ended just about the time the rain

Free Health Clinic

Dr.s' Nitsios, Sanaullah, and
Marsh will be hosting a FREE
health fair on Thursday, Novem-
ber 14, 2002, from 9 a.m. 1 p.m.
at the Community Center in
Apalachicola. Limited cholesterol
screenings will be provided.

Boyd Announces

Grant For

Eastpoint Fire

On October 18, 2002, Congress-
man Allen Boyd (D-North Florida),
a member of the House Appro-
priations Committee, announced
that the Federal Emergency Man-
agement Agency (FEMA) and the
United States Fire Administration
(USFA) awarded the Eastpoint
Volunteer Fire Department a Fire
Operations and Firefighter Safety
Grant in the amount of $30,420.
The Firefighters Grant Program is
administered by the USFA, a di-
vision of FEMA. The Grant Pro-
gram was awarded the funding in
the FY2002 VA-HUD-Independent
Agencies and Supplemental Ap-
propriations Bills. The Fire Opera-
tions and Firefighter Safety Grant
may be used by the Eastpoint Fire
Department for training, wellness
and fitness, firefighting equip-
ment and personal protective
"We must do all we can to ensure
our Fire Departments are well-
equipped to handle all emergency
situations," said Congressman
Boyd. "The entire Eastpoint com-
munity will benefit from this grant
money. I am pleased that as a
member of the Appropriations
Committee I was able to work with
my colleagues to secure this
funding for communities like



N-w ded

World Heritage, a Non-Profit Stu-
dent Exchange Program, is seek-
ing local area representatives to
volunteer their time and skills to
provide students from several
countries including Germany,
France, Mexico, and the former
Soviet Union countries, with lo-
cal program support.
Local representatives plan an an-
nual student orientation, meet
with the local high schools, pro-
vide support counseling for par-
ticipants, screen potential host
families, and meet with 'the ex-
change students on a monthly
basis. Representatives also attend
an annual training workshop and
report to the regional coordinator.
The ideal candidate should enjoy
fostering new international friend-
ships, be community-minded,
and enjoy working with teenagers
and adults. Local representatives
spend an average of 2 4 hours a
month with the exchange stu-
dents, and time and time and expenses are
reimbursed by the organization.
If you are interested in becoming
involved in the World Heritage
International Student Exchange
Program or would like to find out
what other opportunities are
available, please contact Becky
Watson at 864-963-8332 or at

Plantation Gated

Community Nixes
Resort Village

In an overwhelmingly negative
vote among 214 members of the
St. George Plantation Owners' As-
sociation, 205 voted "No" to exer-
cise an option to purchase the
Resort Village. Only nine mem-
bers voted to exercise the option
to buy the Resort Village, a com-
mercial development in the
middle of the Plantation develop-
ment, owned by Phipps Ventures.

Artwork by Ed Moberly,
Apalachicola donated to
the park.


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our own recipes.
Pork Beef e Ribs e Chicken
Bar-B-Q Potatoes
Salad Bar
1593 West Highway 98-Carrabelle
'"Worth Driving 100 Miles For."
Open 7 days, 11 a.m. 9 p.m.
Thank you for letting us serve you!

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according to primary line's current ner rate min.
Island Wireless & Computer services
61-C Gulf Beach dr. St. George Island, Fl. 32328
(located at the gulf state bank building)
Your authorized UScellular dealer for Franklin Co.
And the Gulf coast

Tim Jordan, Lic. Real Estate Broker:
984-0001 984-5734 146 Highway 98 or
P.O. Box 556, Panacea, FL 32346
ASSOCIATES: Marsha Tucker: 850-570-9214 Jerry Peters: 850-566-4124
Mike Gale: 850-567-2227 Janis David: 850-570-1145 Gene Maxey: 850-509-6857
Linda Peters: 850-566-4156 Jacki Youngstrand: 850-933-4671 ,
Josh Brown: 850-567-9429 Mike Friedman: 850-566-6601 Debbie Kosec: 850-566-2039
Carole Dunn: 850-570-0058 Mike Delaney: 850-524-REAL
Call us for a complete list of properties. Beach rentals & sales.
web address: www.obrealty.com e-mail: obr@obrealty.com
* Alligator Point! Bayfront! Alligator Point! Fish from the back deck of this 2BR/1.5BA, CHA, fully
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* Gulf Front! Large beautiful lot near Bald Point State Park Preserve within Coastal Barrier Act
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up & down. Large storage area. Great room with full deck, screened underneath with 2 car carport
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To view all of our sales listings and beach rentals go to:

Gulf State Community Bank *****
For 46 Consecutive quarters

Capital City Bank *

Citizens Bank of Wakulla *

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Wakulla Bank *

Apalachicola State Bank 1/2
(A Division of Coastal Community Bank)

Wewahitchka State Bank *

Source: Bauer Financial Services, Inc. --from data as of une 30, 2002.
The star ratings are provided by Bauer Financial, Inc. -- an independent bank
rating firm located in Coral Gables, Florida. For more information, visit
www. bauerfinancial. com.

In today's financial climate, the knowledgeable investor is concerned
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Once again, we are proud to receive a Five-Star Rating from Bauer
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Gulf State




---b- I I I


The Franklin Chronicle


1 November 2002 Page 5

A Missionary's

Diary Of Cuba

By Mary Lou Short
Cuba, September 8, 2001. The Air
Jamaica jet circled Jose Marti Air-
port in Havana. It had been over
40 years since I was in Cuba. Vis-
iting my uncle and his family in
Santiago de Cuba my sister Su-
san and I received an urgent mes-
sage from Pan American Airways
that we had to leave Cuba imme-
diately. We left Santiago and re-
turned to Camaguay, my family's
home place, and boarded a flight
back to Miami.
As we made our approach to Ha-
vana, I began to cry. 40-year-old
memories of family, laughter, and
bustling towns-today I looked
down at pollution, crumbling
buildings and oppression. I was
with a team of United Methodist
S Volunteers in Mission who went
to help build a parsonage ... ev-
erything, everywhere, was so dif-
ferent ... not the Cuba I had left
40 years ago. I wept as I saw 12
and 13-year-old prostitutes lining
the streets of Havana desperate.
to make money to feed their fami-
lies; ugly Russian-built apart-
ments dotted the landscape; a
black haze of pollution covered
the city; people waiting hours for
a bus that most likely was bro-
ken down; a sense of utter hope-
lessness in a country with a 95%
literacy ratio but no jobs, and an
average monthly income of $10.
There are doctors, but no aVail-
able medicine. Our mission as-
signment took us to Southeast-
ern Cuba. We flew Air Cubana
across the country. The pilot ap-
parently was flying without radar,
flying at about 10,000 feet, navi-
gating with his landing lights by
following roads. We traveled
thrho ut Cuba in the wawa
(church bus) over rutted rem-
nants of their "interstate" high-
way. Despite the crumbling infra-
structure, the countryside is still'
But oh, let me tell you about the
spirit of Cuba. It still exists: I
found it in every church I visited:
Joy, laughter, love, hope. Chur-
ches packed with people at every
worship service, usually five a
week. Communities of Christians
witnessing, singing, caring, and

loving. What a stark difference be-
tween the oppression of commu-
nism and the hope of Jesus Christ
that filled these churches.
September 11, 2002. Bill and I.
Pastor Jim Trainer and Rick
Rushing from St. George Island
United Methodist Church, along
with others from the Tallahassee
District flew out of Miami on
American Airlines to Cienfuegos,
Cuba. We were on a one-week
caravan to visit our sister
churches. The four of us were
going to Ariza, about 30 minutes
from Cienfuegos.
Arim, is a small village in the
middle of sugar cane fields. It is a
humble town. The bus turned off
the main road, down narrow dirt
roads. The church was built in the
1950's by American missionaries.
On the bell tower is a painted rose
and the words Templo Metodista.
The bell still calls the people to
worship service. The parsonage is
in a partitioned area in the back
of the sanctuary. They have no
running water. The kitchen is
closet-size with two burners to
cook on and no cupboards. An
outhouse also serves as the
"bucket bath" room. There is a
well out back that supplies the
water. The pastor's mode of trans-
portation is a bicycle.
We are met by the newly ap-
pointed young pastor and his wife
and nine-month-old baby. Our
mission is to build a relationship
with our sister church. Others
come to see the Americans. It
doesn't take long to accomplish
our mission. Within hours we
have met and fallen in love with
the people of this church and
community. The people are open,
and loving. They have nothing
material, but their hospitality is
generous. I feel like I have stepped
back in time to the early churches
described in the Book of Acts.
The church bell tolls three times:
Father, Son, Holy Spirit. It is time
for worship but this small rural
Church is already filled with
people. They walk, bicycle, and
some even come riding in the back
of a dump truck. They are sitting,
standing, kneeling, and lying
prostrate on the floor. They are
praying, The worship service be-
gins. They sing praise songs with-
out hymnals, and they read from
worn Bibles. They give testimony
to God's presence in their lives.
- By American standards they have


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nothing ... but they have every-
thing because they know God and
they continually give thanks and
praise to Him. Most of the Cuban
Methodist Churches are charis-
matic. There is spiritual revival
Going on in Cuba.
It is Sunday. Morning worship is
called Sunday school for the chil-
dren. I stand in the back of the
church overwhelmed, crying. 12
children fill the sanctuary! Their
parents line the walls or look in
the windows. A clown appears.'
The costume was made by Mary
SBaird and I delivered it last year.
SThe children listen attentively,
i there are bursts of laughter. The
Sclown is teaching them a Bible
lesson. It is time for an offering
and the children reach into their
pockets for a coin.
The week goes by so fast. We visit
two mission churches (house
churches). At one mission church
40 people come to worship in a
tiny room of an apartment; at the
other house church benches are
set up outside for evening worship
service and we are told that the
mosquitoes are very bad. Pastor
Jim remembers to take bug spray
and steals the show because the
people have never seen bug spray!
We are treated to a day at Vara-
dero Beach, a beautiful resort
with 5+ star hotels, restaurants,
and golf courses (tourism is the
number one industry in Cuba).
Cubans are not.allowed in the ho-
tels unless they work there. We
have driven several hours to get
to Varadero, through small, im-
poverished communities. We feel
that we are in a different world. It
just doesn't make sense to see this
splendid oasis rising out of the
desperate needs of the people of
this country. One morning we sit
with the Pastor and explain all of
the medicines and first aid sup-
plies we are leaving with him.
The pastor's wife spots baby pow-
der and her eyes light up. She has
never had baby powder or oint-
ments for their baby. The baby
has no diapers. There are no femi-
nine hygiene products. We leave
medicine with the pastor because
people often come to the churches
asking for aspirin, ointments, and.
It is time to say good-bye. We have'
quietly emptied our suitcases. We
came to Cuba over the weight'
limit allowed by the' airlines. We' ,
leave much lighter. But we leave
with cherished memories, and we
know that God has revealed
something very special to each of
us. We leave vowing to come back.
I think I speak for all of the mis-
sionaries who have made trips to
Cuba. We thank God for our coun-
try and our blessings and we pray
that the United States will lift the
40-ear-old embargo. The people
6f Cuba. our neighbors, fa\,e -u-
. fered enou'gh4-.:We .CA.a and
SHOULD provide the htmanitar-
ian aid needed by the people of
Cuba. May the abundant bless-
ings of the United States continue
to be shared with countries in
need, and may the spiritual re-
vival we witnessed in Cuba pour
over the United States.

Services Held

For Charles

Watson, County


Charles Watson, Franklin County
educator, died October 22, 2002
following a lohg illness. A wake
was held at the Church of God in
Christ in Apalachicola on Wednes-
day, October 23rd, and services
were held on Thursday at the St.
Paul AME Church, Apalachicola.
Mr. Watson was 88 years of age.
, He taught in the Franklin County
school system for 38 years, begin-
ning at the all-black Wallace M.
Quinn High School in Apalach-
icola in 1951. Following integra-
tion in 1968, he continued his
math and science teaching for
another 21 years at Carrabelle
and Apalachicola high schools.
Mr. Watson is fondly remembered
for his strong drive to motivate
many students in the county to
"maximize, their potential."
Former President of Florida A and
M University, Frederick Hum-
phries was quoted in a Tallahas-
see Democrat article published in
2001, "The notion of what I could
do in life was directly influenced
by Charlie Watson." Dr. Humph-
ries was a 1953 graduate of Quinn
High School. Mr. Watson gradu-
ated from Florida A and M Uni-
versity and returned to Apalachi-
cola to begin his teaching career.
His niece, Marsha Thomas said
"He could have gone anywhere,
but he chose to come home and
help his community. He was one
of Apalachicola's finest sons."
Donations may be made to the
Charles E. Watson Clark Educa-
tion Fund in care of Henry Hunter
and Associates, 219 E. Virginia
St., Tallahassee 32301.

Become an American Red
Cross Disaster Services

The Capital Area Chapter of the
American Red Cross is seeking to
train Disaster Services Volunteers
in your community. Contact us at
850/878-6080 or visit our website
at www.tallytown.com/redcross.

+ American
Red Cross

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World's First F/A-22 Fighter Squadron
Stands Up, First F/A-22 Commander

Assumes Command At Tyndall AFB

The 43rd Fighter Squadron, the
first F/A-22 fighter squadron in
the world, was officially formed in
a ceremony at 3:43 p.m., Friday,
October 25, 2002, marking a his-
torical day for the U.S. Air Force
and the 325th Fighter Wing.
During the ceremony, Lt. Col. Jeff
Harrigian, will assume command
of the 43rd Fighter Squadron.
The 325th Fighter Wing will usher
in a new era in fighter training as
the 43rd FS will be charged with
training all U.S. Air Force F/A-22
pilots, preparing them through
practical application and class-
room instruction, with the knowl-
edge, skills and experience to fight
and win America's wars.
Currently still in development and
production stages, the F/A-22

Raptor will be thie Air Force's pre-
miere fighter, serving as a multi-
role aircraft, designed to perform
both air-to-air and air-to-ground
combat missions.
The Raptor elevates U.S. techno-
logical advantages and updates
'70s technology, and promises to
provide the warfighter a signifi-
cant advantage over any battle-
The 325th FW, also responsible
for training and delivering F-15
pilots, air battle managers, intel-
ligence officers and air traffic con-
trollers to the combat air force,
was officially selected as the site
for the F/A-22 Pilot Training Pro-
gram in August 2000.
Tyndall is scheduled to receive its
first F/A-22 in Spring 2003.

Domestic Preparedness and Response Corps

The 2003 Domestic Preparedness and Response Corps is forming. Sponsored by the
Capital Area Chapter of the American Red Cross and funded by an AmeriCorps grant
from the Florida Commission on Community Services and the State of Florida Department
of Elder Affairs, the corps is the foremost inter-generational disaster preparedness and
response corps in Florida. From Hurricane Preparedness to Homeland Security this team
of motivated individuals will help communities throughout the Capital Area prepare for
and mitigate the effects of the next disaster of or emergency. When the disaster does
strike, team members will be on the front lines providing much needed assistance to
disaster victims.

The Capital Area Chapter of the American Red Cross is looking for a few good service
members to start January 1 2003 in communities throughout the Capital Area.

We Offer

* One year commitment to service that's rewarding, interesting and fun
* American Red Cross disaster relief assignments anywhere in the United States, or as
close to.homaes anapartment fire in our community
* Opport itiesto help strengthen America's Domestic Security
* Primarytrai in diisster services, disaster education and disaster mitigation '
* Opportunities to teach what you have learned to all ages, from pre-schoolers to senior

To qualify you must:

* Be available weekend and evening hours
* Be interested in helping our communities prepare for the next disaster of emergency
* Possess a current and valid drivers license
* Demonstrate professionalism, flexibility and initiative
* Be available for one year of service
* Be at least 18 years of age with a High School Diploma or GED

What are the Benefits?
Full Time Member
* 1,700 hours of service Living Stipend (S9,600 over one year of service)
Part Time Member
* 900 hours of service -Living Stipend ($4,920 over one year of service)

For additional information please contact the Disaster Services Office of the Capital Area
Chapter in Tallahassee at 878-6080 or visit our web site at www.tallytown.com/redcross.

On November 1, 2002
my office will be moving to a location
directly behind the Carrabelle Branch of the
Apalachicola State Bank.

Douglas W. Gaidry
Attorney at Law
206 West 6th Street
Post Office Drawer CC
Carrabelle, Florida 32322

Telephone (850) 697-5555
Facsimile (850) 653-2171
Email dwgaidrv@(hotmail. com


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Paioe 6 1 November 2002

-U A IN -- v II A" K

Chronicle Buildings Erected In Eastpoint

Shown above and below are two views taken several days ago of
the Chronicle buildings being constructed on 2.3 Eastpoint acres
next to the Coastal Building Supply. This is part of a larger plan,
unfolding in three phases in the commercial development of the
For the last eleven years, the Franklin Chronicle editorial of-
fices have been in Tallahassee but in the next few weeks, these
will be moved to Eastpoint. The paper will continue to be printed
by the Bainbridge Post and Searchlight in Bainbridge, Georgia
since this commercial printing facility offers the best four-color
printing in the region.
The second phase of this project is the construction of a proto-
type duplex, (the first of 4 authorized) ideally framed with light-
gauge steel, finished with conventional (wood) construction.
The third phase will be the construction of a 300-seat audito-
rium, and two smaller multi-functional activity rooms also
equipped for motion pictures and digital TV. We anticipate that
the Chronicle transition to Eastpoint may be filled with a, few
delays and problems in getting the next issues distributed on
time, since we have already moved several truckloads of equip-
ment for use in Franklin County. We ask for your patience if we
encounter delays. As the facilities are completed, more detailed
reports will be published. We are very grateful for the community
support that has been shown for these projects since the surveys
were started.
In this small way, we shall endeavor to keep our readers informed
on the progress of this development. And, when the projects near
completion, there will follow with the usual hype, promoting same.
Tom W. Hoffer


in Franklin County

Last year, more than 3,500 services or
individual acts of caring by local, Franklin
County agencies were made possible by
your generous gift through United Way.

The services provided by your local United
Way agencies fill such critical needs as
disaster planning, comprehensive hospice
care, meals for the hungry, crisis counseling
and intervention, family support and
education, mentoring, and more.

These services are available in Franklin
County for all of us, year-round, in good
times and bad.

That's "the United Way." Your United Way.

The Franklin Chronicle.


AMERICA'S SECOND HARVEST OF THE BIG BEND: Collects and distributes food to needy through
nonprofit agencies. Served 2;740 persons In Franklin County In 2001.
AMERICAN RED CROSS: Provides emergency and disaster relief services. In Franklin County In 2001
this agency served 1,020 persons in the Disaster Relief program, 75 In Home Fire Relief. 19 In Armed
Forces Services and 205 in Health and Safety Training.
BIG BEND CARES: Provides HIV/AIDS direct care and prevention services. Served 8 clients in Franklin
County, three in direct care.
BIG BEND HOSPICE: Provides care to individuals with terminal illness and counseling and emotional
support to bereaved families. Served 39 patients In Franklin County and 94 families.
BOY SCOUTS OF AMERICA: Provides scouting and explorer training and services for boys ages 6-21..
Scouts collect food for the hungry and conduct many service projects. Served 130 in Franklin County.
CENTER FOR INDEPENDENT LIVING: Provides support, advocacy and'accesslblllty services to
persons with disabilities to enable them to live Independently In their community. Served 6 clientslin
Franklin County.
ELDER CARE SERVICES; Provides homemaker, emergency alerts, adult day care, adult health care,
personal care and respite care to enable elders to live Independent and productive lives. Served 31
clients In Franklin County.
FRANKLIN COUNTY LIBRARY WINGS PROGRAM: Provides informational, educational and cultural
materials for persons of all ages and serves as a central focus point for community activities. United Way
support funds the WINGS program for at-risk children ages 10-16. Served 303 children In Franklin, .
GIRL SCOUT COUNCIL: Trains leaders and provides scouting programs for 55 grls jrtFrank1ln.CQonty.
REFUGE HOUSE: Serves victims of domestic violence and sexual assault and provide outreach
educational programs. Served 5 In emergency shelter, 2 In children's programs, and 5 in rapb orisis'in.
Franklin County.

Your contribution will help ensure that the human services provided by these organizations will.
continue to help the people of Franklin County.
Please make your check payable to United Way of the Big Bend,

which Is a tax-exempt organization, and direct It to:

United Way of the Big Bend
Franklin County Campaign
P.O. Box 129
Eastpoint FL 32328

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ofsMonday Saturday

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Phone: (850) 927-3259

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master baths + a loft upstairs could be used for fourth room; Florida Room overlooks
the river from the 2nd floor, screened-in porch overlooking the river from the first
floor. Home has 1080 sq. ft. carport under the house with two storage rooms, 10'
ceilings, elevator, dock with boat lift, central sound system, and an irrigation system
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Gulf Front-Two 1-acre lots on Hwy. 98. Located on the North side of 98 with
property on the Gulf. Panoramic Views! $175,000.00 each.
Riverfront-Beautiful 1-acre lot located on New River. Located across the river is
Tate's Hell State Forest. This property has deep-water access to the Gulf, nice growth,
and plenty of room for a dock! Included in this price is a dock permit. $225,000.00.
Gulf Front-This is one of the best gulf front lots left in this area! Beautiful white
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This is prime commercial property. Located right in. the middle of downtown
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'" '~"

; ;

i -

The Franklin Chronicle


1 November 2002 Page 7

First District Appeals, from Page 1

Jonathan Glougau is shown in the appeal court's videotape of
arguments in the appeal.

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Continued from Page 1,
Column 1
Argument by
Ron Mowrey for
on a misapplication ol the law or
shown by the record to be clearly
tz, wrong, or against the manifest of
k t the evidence or not supported by
competent, substantial evidence.
The primary jurisdiction rule that
has been raised and ruled on by
Sf Judge Sauls I think is imminently
correct. The cases cited are dis-
tinguished in our briefs; they
.. don't apply to this case.
S I suggest, what is very fascinat-
-" ing in this case, is that in the very
case where the, attorney general
< raised an issue of primary juris-
diction, they also elect to file a
the oral counter-claim, and specifically in
that counter-claim allege that this
court-that is Circuit Court of
Wakulla County, has jurisdiction
and that venue is proper in
Wakulla County. I'd suggest, if
you read South Lake Worth case
r?... as well as well as the-case, its
made clear that the affirmative act
.... that is talked about, where you
can actually waive that right to
complain. I would suggest that
they have done that. Irrespective
of that, I would suggest there's
nothing so unique about this case
that the circuit judge is not quali-
fied to handle it (...) I'would sug-
gest .to you that courts all over this
state, county and circuit court
hear these kinds of cases every-
day, and the state is not least bit
reluctant to bring them, have ju-
ries decide issues, have juries
decide issues of whether laws
have been violated, whether nets
are legal or illegal. I would sug-
REE gest as well that the issue of ex-
pertise is one of-its a non-issue,
in my opinion because in this
case, and this record will show,
how far the state had to go frankly
to try to find a witness who knew,
anything about what he was talk-
ing about. They don't have a staff
of experts. There were no studies
done; no studies conducted. They
couldn't even find a witness for
the state as an expert to say he
ever used one of these nets to
t1t come in anqd testify from a relevant',:
application of the net in the wa-
2 8ter. They couldn't do that. To sug-
*0 gest that we send it over there. I:
00 don't know who we would send it'
Continued to Column 5

Continued from Page 1,
Column 2
Argument by
Jonathan Glogau
for FFWCC --
those classification decisions.
These issues, especially with re-
spect to this controversy before
you today, I submit have been
determined by this court in a long
series of cases. The question be-
fore the court today is essentially,
and the question before the court
below, was whether the net pro-
posed by the plaintiffs in this case
for use in the near-shore and
in-shore waters of Florida, was a
gill net. Or whether, as they claim
it was something else. The origi-
nal complaint was a straight-up
declaratory judgment asking for
a classification of the net. After
this court's decision in a similar
case, also coming out-actually I
believe it was in Leon County-
but it was Judge McClure, in
1999, this court reversed a deci-
sion by Judge McClure in a very
similar case on the grounds of
exhaustion of administrative rem-
edies and primary jurisdiction,
that being that the primary juris-
diction of determining these ques-
tions lay at that time in the Ma-
rine Fisheries Commission-to-
day the successor agency being
the appellant in this case, the Fish
and Wildlife Commission. After
the decision in that court the com-
plaint in this case was amended
to insert some constitutional al-
legations in an effort, I believe, to
avoid the primary jurisdiction
holdings of this court in the pre-
vious Pringle case.

As I'll get to later, those constitu-
tional allegations were nothing
but make-way; make waves... But
after the primary jurisdiction
question in the Pringle case in
1999, this court specifically rec-
ognized the jurisdiction of this
agency to make the determina-
tions in fishing gear disputes, and
that's what this is. This case is
not analogous to the Millender
case decided by the Supreme
Court because in that case, the
... agency had no authority to in-
terpret the constitution. In this
case, it clearly does. Twenty-seven
Continued to Column 6

Continued from Column 3
to. They don't have the experts
available. They don't have the
studies. They have not done the
tests. I think that is extremely
- important that we remember that.

Argument by
Ron Mowrey for

In regard to the cases that were
referenced, that is, the Pringle
case, the Pringle versus Crum Net
case came to this court. The rea-
son that case was sent back was
because at the time there was a
parallel rule challenge going on in
DOAH (Division of Administrative
Hearings) in regard to the
agency's actions in imposing a
two-inch rule throughout a seine
A seine net in the old days was a
big net-thousands of yards-
with big wings and a big pocket
that would billow out where you
could scoop the fish in-those big
nets were one thing. We don't have
those big nets anymore. We don't
have great big seine nets that were
thousands of yards long, that
Sauls heard testimony about. My
point is in that case, that hearing
dealt with the authority of the old
MFC (Marine Fisheries Commis-
sion) to adopt a rule...
"And, I cite authority in our brief
dealing with the First District's
case here ... most recently Gen-
eral Development Utilities versus
the Public Service Commission ...
This dicta, this non-issue finding
made by the ALA (Administrative
Law Judge) ... should be ignored
by this court. In fact, are not law.
...This court, in the Pringle-Crum
case on appeal did NOT find, did
not adopt, did not uphold a find-
ing that every net over two inches
stretched net... any net over two
inch stretched is in fact a gill net.
That has nothing to do with it.
That was seine net rule, a seine
net challenge and the net pre-
sented was a seine net, wings and
Continued to Page 9,
Column 1

Continued from Column 4
pages in the transcript in the trial
in this case... of,the trial court
inquiring the state's experts as to
these issues, is evidence enough
of the fact that this should have
been something left to this

Argument by
Jonathan Glogau

Now, this agency has the primary
jurisdiction. And, in fact, has
made these determinations. In a
rule challenge case, also decided
in 1999 by this court, affirming a
hearing officer's determination,
paragraph 78 of the ALJ (Admin-
istrative Law Judge), order indi-
cates that the Marine Fisheries
Commission has determined that
rectangular nets with mesh sizes
less than two inches were legal
seines and that greater than three
inches constituted gill nets, and
that determination was not arbi-
trary nor capricious. This court
in the case Pringle versus Marine
Fisheries Commission, also in
1999, affirmed that finding. And,
so again, what we have is a clear
judicial finding that should have
collaterally stopped this court
and the plaintiffs in this case from
re-litigating the question of
whether these large mesh size
nets are gill nets or not. And, the
Florida Supreme Court in 2002 in
the Horizons case and this court
in Florida Wildlife Federation ver-
sus Collier County case both 2002
cases, indicated that the court
should not depart from a contem-
poraneous construction unless
clearly erroneous. I would suggest
that paragraph 78 of the Hearing
officer's order, which I have al-
ready referenced, and the clear
testimony of the state's experts
that drawing a line between a gill
net and a non-gill net at two-inch
mesh size was a reasonable thing
Continued to Page 9,
Column 2

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Per Florida Statutes 713.78 (3) (b) File No
Date of this Notice 10/18/02 Invoice No. 8106
Description of Vehicle: Make Chevy ModelMonte carloColor Gray
Tag NoV80PMX Year 1996 State FL__vinNo. 2GWW12M6T9298099
To owner: Barbara Joan or, To Lien Holder: Mike Hill Used Cars. Inc.
Barbara Dawn Dasher 3508 W. 23rd Street
159 Hickory Dip Street Panama City. FL 32405
Eastpoint, FL 32328

You and each of you are hereby notified. that the above vehicle was towed on
10/15/02 at the request of FHP that said vehicle is in its
possession at the address noted below. They the undersigned claim a lien for
towing, storage and cost. The vehicle will be sold after 35 days from the date of
impound free of prior liens. Payment by the above date of notice in the amount
$ 592.00 plus storage charges occurring at the rate of $ 20.00 per
day from the date hereof will be sufficient to redeem the vehicle from the lien of
the lienor; that subsection (4) of Florida Statute 713.78.

To subsection (5) of Florida Statute 713.78
You-and each of you are hereby notified that on 11/21/02 at 12:00 noon
o'clock, the Vehicle.described above will be sold at public auction
at: 447 HWY 98 EASTPOINT. FL From the proceeds will first be paid all
towing and storage charges plus all costs including cost for this sale. Any excess
will be deposited with the Clerk of the Circuit Court.
You and each of you are urged to make satisfactory arrangements to pay all
charges and take possession of the said vehicle. In order to obtain a release of the
vehicle you must present personal identification, driver's license and PROOF
OF OWNERSHIP (title, registration, etc.) at the address below and pay the
P.O. Box 971
Eastpoint, FL 32328
(850) 670-8219


Self Contained Strips
Eliminates Need to Carry Strips
Supplies are Medicare and Insurance Covered
No tUp Front Costs No Paperwork


Sales person for the Franklin Chronicle and Eastpoint
Theatre. We are looking for someone who has the
capacity to grow with our organization, beginning in
sales. Must have own transportation, telephone, and
willingness to learn sales techniques and procedures.
This, opportunity is likely to lead into other diversified
areas including videography, writing, film production
and sound recording depending upon your preferences
and organization needs. Salary supplement available
when training is completed;' health insurance also
available, subject to the usual requirements. Generous
sales commissions. We are seeking a reliable, profes-
sional with a strong work discipline and motivated
attention to detail. Three work references required along
with a resume outlining your education and work his-
tory. Please send to: Tom W. Hoffer, Franklin
Chronicle, Post Office Box 590, Eastpoint, FL 32328.

Per Florida Statutes 713.78 (3) (b) File Nu.
Date of this Notice 10/18/02 Invoice No 7906
Description of Vehicle: Make Ford Model Van Color White
Tag No 240EPA Year 1989 State GA_.Vi No. IFTFE24HOKHA92769
To Owner: Bobby R. Hodgson To Lien Holder:
185 Lakeshore Drive
Lavonia, GA 30553-2137

You and each of you are hereby notified that the above vehicle was towed on
10/14/02 at the request of Ken Bowman that said vehicle is in its
possession at the address noted below. They the undersigned claim a lien for
towing, storage and cost. The vehicle will be sold after 35 days from the date of
impound free of prior liens. Payment by the above date of notice in the amount
$ 170.00 plus storage charges occurring at the rate of $ 20.00 per
day from the date hereof will be sufficient to redeem the vehicle from the lien of
the lienor; that subsection (4) of Florida Statute 713.78.

To subsection (5) of Florida Statute 713.78
You and each of you are hereby notified that on 11/21/02 at 12:00 noon
o'clock, the vehicle described above will be sold at public auction
at: 447 HWY 98 EASTPOINT, FL From the proceeds will first be paid all
towing and storage charges plus all costs including cost for this sale. Any excess
will be deposited with the Clerk of the Circuit Court.
You and each of you are urged to make satisfactory arrangements to pay all
charges and take possession of the said vehicle. In order to obtain a release of the
vehicle you must present personal identification, driver's license and PROOF
OF OWNERSHIP (title, registration, etc.) at the address below and pay the
P.O. Box 971
Eastpoint, FL 32328
(850) 670-8219

Ron Mowrey is shown in the appeal court's videotape of the oral arguments
in the appeal.

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Per Florida Statutes 713.78 (3) (b) File No.
Date oIfthis Notice 10/11/02 Invoice No. 8242
Description of01 Vehicle: !.ke Datsun M. IJDPK' 0CInr Blue
Tag No No Tag Yeat 1982 iN______,. N,, JN6NMDOI S'C\1'1j54.'"
To Owner: Larry D. Beard To Lien Holder:
159 Poydros Avenue
Mobile, AL 36606

You and each of you are hereby notified that the above vehicle was towed on
10/05/02 at the request of APD that said vehicle is in its
possession at the address noted below. They the undersigned claim a lien for-
towing, storage and cost. The vehicle will be sold after 35 days from the date of
impound free of prior liens. Payment by the above date of notice in the amount
$ 230.00 plus storage charges occurring at the rate of $ 20.00 per
day from the date hereof will be sufficient to redeem the '-ehkle from the lien of
the lienor; that subsection (4) of Florida Statute 713.78,

To subsection (5) of Florida S;atute 713.78
You and each of you are hereby notified that on 11/14/02 at 12:00 noon
o'clock, the vehicle described above will be solt at public auction
at: 447 HWY 98 EASTPOINT, FL From the proceeds will first be paid all
towing and storage charges plus all costs including cost for this sale. Any excess
will be deposited with the Clerk of the Circuit Court.
You and each of you are urged to make satisfactory arrangements to pay all
charges and take possession of the said vehicle. In order to obtain a release of the
vehicle you must present personal identification, driver's license and PROOF
' OF OWNERSHIP (title, registration, etc.) at the address below and pay the
P.O. Box 971
Eastpoint, FL 32328
(850) 6704,8219

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Per Florida Statutes 713.78 (3) (b) File No.
Date of this Notice 10/22/02 Invoice No. 8053
Description 01Vehicle: Make Ford Model Tempo Color White
Tag No G29HWI Yea, 1991 state F, VinNo. 2FAPP36X6MBl43044
To Owner: Vickie Flores To Lien Holder:
P.O. Box 283
Eastpoint, FL 32328

You and each of you are hereby notified that the above vehicle was towed on
10/17/02 at the request of M. Reynolds that said vehicle is in its
possession at the address noted below. They the undersigned claim a lien for
towing, storage and cost. The vehicle will be sold after 35 days from the date of
impound free of prior liens. Payment by the above date of notice in the amount
$ 170.00 plus storage charges occurring at the rate of $ 20.00 per
day from the date hereof will be sufficient to redeem the vehicle from the lien of
the lienor; that subsection (4) of Florida Statute 713.78.

To subsection (5) of Florida Statute 713.78
You and each of you are hereby notified that on 11/21/02 at 12:00 noon
o'clock, the vehicle described above will be sold at public auction
at: 447 HWY 98 EASTPOINT, FL From the proceeds will first be paid all
towing and storage charges plus all costs including cost for this sale. Any excess
will be deposited with the Clerk of the Circuit Court.
You and each of you are urged to make satisfactory arrangements to pay all
charges and take possession of the said vehicle. In order to obtain a release of the
vehicle you must present personal identification, driver's license and PROOF
OF OWNERSHIP (title, registration, etc.) at the address below and pay the
P.O. Box 971
Eastpoint, FL 32328
(850) 670-8219

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Education is the most important issue of Florida's

gubernatorial campaign and rightfully so. I believe

the education of our children is our first and most

important responsibility. It is imperative that we do

not leave this to chance.

Two years ago I pledged to improve our schools

and schools have improved. District wide FCAT

scores have improved by 21%. Carrabelle High

School was recently awarded $44,000 from the

State Department of Education because the

school has improved its FCAT performance over

last year. Franklin County schools received over

$80,000 in similar improvement awards the

previous year.

Under my leadership, schools have improved.

SEnough said.







1 November 2002 Page 9

First District, Court of Appeals, from Page 7

Continued from Page 7, Continued from Page 7,
Column 5 Column 6

Argument by
Ron Mowrey for
pockets. So, therefore, there is no
basis for any conclusion ... above
two inch stretched is in any way
has ever been found to be a gill
net by any court. There's no rule,
there's no statute, there's no con-
stitutional provisions that says
that. In fact, if you look at 370.093
(2) (b), the only statute that deals
with the construction of nets.
You'll see where ... (it talks about)
the material you'll use, histori-
cally, gill nets were made of
monofilament, and they were
large, and there were mesh
problems-small mesh, large
mesh. Historically, they were big-
ger mesh...

Argument by
Jonathan Glogau

to do clearly makes this a reason-
able determination that the court
below should not have disre-
The agency's determinations here
are due great deference because
this is within their jurisdiction.
I mention collateral estoppel in
the rule challenge case, that I
mentioned before, again, affirmed
by this court in 1999, the hear-
ing officers made specific findings
of fact that should have stopped

You've got to look what makes it the plaintiff from again bringing
a gill net. The legislature said if this case. The ALJ clearly found
it's made out of non-monofila- if the net-the net in that case,
ment it's not a gill net. Gill nets they were saying the mesh size
are made out of monofilament. larger than three inches, and the
And, the whole reference to there hearing officer said 'Well, that's a
being some restriction on the gill net...'And, this court agreed....Y
mesh size was deleted in the final
bill. That's in the record. So, the The Court: "The finding there was
only reference to any way to con- made in a different context for a
struct this net must be of different issue, was it not?'And,
non-monofilament. If it's for collateral estoppel, don't you
non-monofilament then it's not a have to have the same issue? .
gill net. I'd suggest it's not a gill Don't these facts have to be found
net further... as testified tobyMr. with respect to the same
Winter and by the experts as well points?..."
as ... the studies, the books, cata-
logues because historically ... you Gougau: "Well, les no confuse
have to look at how nets were con- the collateral estoppel with the
structed. You have to look at the rates "
fact that they were always thou- The Court: "I'm not... Collateral'
- sands of yards in size. And, they estoppel deals with facts, but I
worked that way. Nobody testified guess what I'm really getting at is
nor any one in the state that these if the trial judge makes an
small nets would work either as a off-handed statement about facts
gill net or as a seine net. They will in the process of resolving an is-
not work, with two-inch mesh sue, a different issue, you can't
throughout. ... say that is collateral estoppel ...".
L- ontinued to Column 3 ".-- Continue to 'Column* .

Continued from Column 1
Argument by
Ron Mowrey for

This man, Mr. Winter, also testi-
fied that the difference is you use
one actively and passively ... You
use a gill net passively.
You leave it out there and the fish
get caught in there ... Seine nets
are different. Actively, you throw
them in and bring them out ...
Well, these nets, you have to use
them actively. You can't use them
passively. They're too small. The
only testimony was-the small
mesh net you have to use-the"
fish bang into like a wall-they.
bounce out, they get away. The
only ones that get caught are the
undersized, juvenile mullet
they're called by statute. If you
catch more than 10 percent un-
der'sized you're committing a
crime every time you do that.
"..So, the only net you can use is
a seine net and it must be one to
two inches and you can't catch
fish. The ALJ found that ...
Millender case says (Supreme
Court) commercial viability is a
relevant concept. So, take a look
at what we're saying here as what
you can and cannot do. We're
Forced to use this net which is
making us violate the law and vio-
late exactly what the amendment
told us not to do-not to unnec-
essarily kill or destroy the re-
source ...
Who cares more? The fishermen
here ... In an 18-foot boat, you
cannot go out beyond nine miles;
otherwise; (you) can't make a liv-
ing. Judge McClure found in the
old Pringle-Crum case it's like
driving the Indians off the reser-
vation. It's the last resource be-
fore bankruptcy and jail ...
What about the right to make a
living? Sure, he said, he called it
a fundamental right ... He said
you have to apply the rational
basis test ... It doesn't have any-
thing to do with protecting the
resource. The only evidence we've
seen is the reduction of the size
of net from thousands of yards to
two 500 square foot nets. As Sauls
said, 'a reduction in 97 to 99,per-
cent in size of net.' That's What
brought the return of the spawn-
ing potential ratio (SPR), not the
mesh size or control of change or
reduction of the mesh size ..."
Justice Philip J. Padovano: "I
follow all of your arguments on
this but could you explain why
this wasn't-why you were not re-
quired to exhaust administrative
remedies? Seems to me that
question-it has not yet been re-
solved. It was left open in an ear-
lier opinion in this case...
Continued to Column 5


-~ '.~ 'a -~ a-'.'. -..- I'.

.~. a a
a -
-a. ~ .-. 4
9' 4 1~~ '~
a, ~.'a





-' I



4.1 ': v

Continued from Column 2

Argument by
Jonathan Glogau

Glougau: "I agree with you 100
percent. But the problem is that
in the rule challenge case, the
question, the question of the
proper classification of the large
mesh net was a critical issue in
that case, It was not an off-hand
comment by the hearing officer.
The question in that case was, the
Marine Fisheries Commission was
saying, if you want to fish with a
seine, its gotta have mesh less.
than two inches. And, they were
saying, we can fish with a net that
has 85 percent of the net larger
than three inches, and it's still a
seine. And, she said, 'No, its not.
It is a gill net.' And, so it was a
critical distinction and ... it was a
fact that was actually litigated,
and it was crucial to the finding
that the rule was valid. No, it was
not an off-hand comment... It was
a fact that fit squarely within the
rules of collateral estoppel and in
fact this court, in affirming the
hearing officer's order, in lan-
guage both in the main opinion
and in the concurring opinion,
both cite directly to that language,
and talk about the fact that the
only reason that this net that they
wanted to use was commercially
feasible because it was a gill net.
So, this court recognizes that find-
ing of fact as well....

Even if you ignore these other
doctrines of why this case should
not have been heard by the lower
court, because there is no com-
petent or substantial evidence in
the record to support the finding
that it is not a gill net. The only
qualified expert-the state's ex-
pert-that testified, said that
there was no doubt in his mind,
based on the construction of the
net, how it was used, and how it
actually caught the. fish, that this
was a gill net. There was no ques-
tions in his mind. He said it three
or four times ... The plaintiffs tes-
timony, except to the extent in
some places they actually agree
with us as I've also cited in my
brief, but .their testimony to the
contrary, they evasive and in
many respects unintelligible, if
you read the record you'll see
what I'm talking about, it's sim-
ply insufficient to support a find-
ing. The only competent substan-
tial evidence in the record, and
more than just the oral testimony
of the witnesses, but the only
documentary evidence in the
record that is,even in the record
by the way, supports our conten:
tion that this net is a gill neL. a,,
Continued to Column i,. ,r,

7 -. ,-' ,,-.'-

Continued from Column 3
Mowrey: "It's because in this case
there are issues under the Con-
stitution, and I think.under the,
Declaratory Judgment Statute we
don't waive that right. We have
that right to brihg it in this court
... There are constitutional issues
under the Constitution; we're en-
titled to use a certain net.
Argument by
Ron Mowrey for

We're being discriminated against.
-We're entitled to use that net, or
show us the rational basis why
we cannot use that net. That's the
difference. They can't decide that.
Never have. ..."
Justice Padovano: "When you
strip all'that away, though, aren't
you really arguing itself? It seems
to me what you are really talking
about is the rule The rule pro-
duces this Unconstitutional re-
Mowrey: "With all due respect,
I'm saying the constitution pro-
vides for seine nets and other rect-
angular nets. This is a rectangu-
lar net. This is another net..."
Justice Padovano: "...But you
still have to contend with the pro-
vision in the rule that says if its
gear that is not mentioned in the
rule, you can't use it ... You still
have to invalidate the rule to get
where you're going, is what I'm
saying. ..."
Mowrey: "Judge Saul found that
there is no rational basis for that
rule when applied to the consti-
tutional issues of the rights un-
der the amendment ...
Justice Padovano: "Why, that's
what I'm asking you. Why wasn't
that a question for the agency? ...
If you're saying that it is this rule
that is bringing about this harm-
ful result. ..."
Mowrey: "It's bigger than that. It's
bigger than that. We're talking
about mullet nets today ... We' re
talking about what the Constitu-
tion allows ... There are other
rules adopted by the agency
wherein, for example the blue fish
rule requires that no person shall
fish with a gill net or a trammel
net with a mesh size smaller than
three inches ... The jelly fish
seines must be no less than three
and one half inches in the wing
portion, no less than an inch and
a half in the bag ... My point is,
we're suggesting in this case, that
we cannot use the net made out
of non-monofilament, permitted
by 370.093, with no mesh restric-
tions ... We can't do that because
-they're saying its over 2 inches-
it's a gill .net ... and that's, based
ona.letter written inr.esponse to
Continued ,to Page1, -,,
C olum n 3 ...

tional allegations. However, the
judge reached out and found two
constitutional violations that were
never plead in this case (sic). One
was related to the due process,
liberty interest in maintaining a
livelihood. That was an issue that
was addressed in the Lane case
and they were ruled against them.
There's a rational basis test here
to be applied. And, the space in-
terpretations clearly meet the ra
tional basis test. Judge Sauls did
not articulate a standard for this;
he just reached out and grabbed

Then there was also an equal pro-
tection finding. And, this one
has-is completely unprec-
edented-the judge says 'Essen-
tially you have to treat all fisher-
men and every fishery the same.'
This runs against the entire con-
cept of fisheries regulation be-
cause different species are regu-
lated in different ways. And, so to
say that every fisherman has to
be treated in the same way, there
is absolutely no. precedent for
that. Again, as I say, the equal
protection argument was not
raised in the complaint. (it is)
symptomatic again of the court's
overreaching below, your Honor,
the court reached out and de-
clared a rule-68B-390047, a rule
of the Fish and Wildlife Commis-
sion, that addresses, the mullet
fishery and found that rule to be
, unconstitutional. That rule is not
mentioned in the pleadings in this
case, anywhere. He just reached
out and grabbed it because what
that rule says is if your gear is
not listed in this rule you can't
fish for mullet with that gear. So,
if this net, by some way is not a
gill net, and it's not a seine, it's
some hybrid as they suggest, its
not listed in this rule. So, they
+ 5a u j f rtu to with. j i
SContinued to Page 10.
.oliimn 4'0 1

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a. a..: L **' ..- a" *.
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a ... *1r .|. al
-.- .. spoiled, shell-strewn *.
'beaches. Abundant wildlife.

Creeks, preserves and beautiful
S. sunsets. This could be the most
inspiring architecture you've ever
seen. WindMark Beach" Where the'

timelessness.and natural beauty of
S- Old Florida are thoughtfully recalled;

making for an ideal place to live. .
.-- Located on an undiscovered part of .
Northwest Florida's Gulf Coast. .

Homesites from the low 400oo's
....-.- -I l -. "1 I to over $6oo,oj .o., '

ii w arda corn '

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'I'e vranmin unronicie c JL A T V-i ----------- '


Continued from Colimn 4

Let me briefly address the consti-
tutional issues. The constitutional
issue that was injected into the:
case with the second amended
complaint was that our interpre-
tation of the constitution was
somehow discriminated against
the aged, the infirm and women.
And, in the case the judge said
that those constitutional allega-
tions-Just hinting at them, or
skirting around them-is not suf-
ficient. They didn't prove anything
with regard to those Constitu-
Argument by
Jonathan Glogau

Pa2e 10 1 November 2002 A LOCALLY OWNED NEWSPAPER The Franklin Chronicle

Bald Point from Page 1

public an opportunity to experi-
ence large natural areas through-
out North Florida. This property
will be managed by DRP as an
addition to Bald Point State Park.
The option agreement provides for
the St. Joe Company to reserve a
20-foot wide easement over an
existing dirt road for land man-
agement purposes. Additionally.
the option agreement provides for
a 20-foot wide easement over an
existing dirt road across St. Joe
Co. land in favor of the board of
trustees for management pur-
poses. These easements will be for
a period of four years.
Bald Point is located between
Ochlockonee Bay and Alligator
Harbor. with considerable front-
age along both of these estuarine
water bodies that connect to the
Gulf of Mexico. The tract provides
magnificent. vistas along highly
developable water frontage in an
area of the state that is experi-
encing rapid growth.
The Bald Point tract has signifi-
cant upland and wetland re-
sources that contribute to the pro-
tection of Ochlockonee Bay arid
the Alligator Harbor Aquatic Pre-
serve. The bays surrounding the
project area provide foraging habi-
tat for juvenile Kemp's ridley sea
turtles, the world's most endan-
gered sea turtle, and other state
or globally rare birds and sea
turtles. The tract is reported to
harbor significant archaeological
resources. This tract includes
over two miles of common bound-
ary with Bald Point State Park and
will provide. a myriad of outdoor
recreational opportunities for visi-
tors year-round. The acquisition
of this property will greatly en-,
hance the regional significance
and recreation potential of the
The tract is comprised of a mo-
saic of high quality upland and
wetland natural communities.
Although much of the uplands
have been converted to silvicul-
ture, the pine plantations have
only lightly impacted the natural
resource values of the property
(i.e., site preparation has been
minimal). As a result, high qual-
ity examples of several upland
communities are found including
scrubby and mesic flatwoods,
coastal scrub and xeric ham-
mock. The tract also encompasses
excellent quality estuarine tidal
marsh along portions of its con-
siderable bay frontage and along
Big Chaires Creek -a prominent
tidal creek that bisects the north-
ern portion of the property. Both
Big Chaires Creek and Tucker
Lake '(historically thought to be
freshwater lakes are now linked
by a human-made channel) sup-
port numerous fish species (e.g.,

Stump and root grind-
ing, reduced to chips. No
job too small or large.
Call Clarence DeWade in
Lanark Village at 697-



A LIqm.e bLenct of
amtLqmes, nautical Ltems,
urMnttre, collecttbles,
art, books, anc1 macn
more ALlstlnct[ve accent
Pkotos circa 1900, of area
igtlhthouses at St. Marks, St.
George island., Dog Island,
Cape Sant BIas.
Postcarcts, cIrca 1900, of ola
Extremely Ut[qme nautical
Items, architecturaL stars,
turtle lamps anct mi ck

A nttigates &

Look obr tke bIo tlt sheAd on
170 Water Street along tke
historic Apalacdhcola River.
170 Water Street
P.O. Box 9
Apalacklcola, FL 32329
(850) 653-3635
LLYnrta & Harry Arnold, Owners

redfish, mullet and trout) and pro-
vide excellent saltwater fishing
opportunities. These estuarine-
influenced water bodies also pro-
vide important habitat for a vari-
ety of waterfowl and the coastal
location of the property makes it
a significant point of departure
and return for numerous neo-
tropical migratory bird species.
The property also provides forag-
ing habitat for the wide-ranging
Florida black bear, and at least
one active bald eagle's nest is lo-
cated on site.

Selected As Interim
Ranger For
Apalachicola Forest
George Hemingway replaces Andy
Colannino as Interim District
Ranger for the Apalachicola Na-
tional Forest, as announced last
week by Marsha Kearney, Na-
tional Forests in Florida Supervi-
Colannino recently resigned to
take another job within the For-
est Service system.
Hemingway will serve as Interim
Ranger until a permanent ranger
is selected. He served 11 years as
a district ranger in the Ocala Na-
tional Forest.

the river to the Tillie Miller Bridge,
and then turning down the river
to return to the starting point.
Boat captains participating in the
parade are required to attend a
Captain's Meeting at 4:00 p.m. on
Saturday, December 14, 2002, on
the deck at C-Quarters on High-
way 98 in Carrabelle. Captains
Swill be assigned a number and
position in the lineup. Officer of
the Club Florence Coody said,
'The entry number and position
in the lineup should be displayed
the boat."
: Line-up for the parade will be at
6:30 p.m. with a starting time of
7:00 p.m.
Monitor VHF Channel 18, accord-
. ing to Officer Coody. She said, "Be
sure to have all safety equipment
on board, including extra life vests
for visitors sailing with you. It
would be a good idea to have ex-
i tra electrical fuses for inverters
and on-board generators. Invert-
ers should be purchased to power
decorative lights."



Continued from Page 9,
Column 5

Argument by
Ron Mowrey for

a civil rights investigation only. We
know what the case law is. They
can't do that. You have to adopt
the rule...You can't have some
bureaucrat write a letter and
that's the rule you have to follow.
So, my point is, there are other
rules in existence that authorize,
and specifically direct the fisher-
men who are licensed to use nets
larger than two-inch stretched
mesh but that's o.k. That's en-
forceable. If you're a mullet fish-
ermen, you can't use but a two
inch. The point is in regard to the
problems with Mr. Crum and oth-
ers is that you can only use a
seine net-one inch two inch-or
a cast net. The record is clear in
several cases ... They are not com-
mercially viable. These guys ...
cannot make. The only testimony
there is that it won't work.
The state's experts have never
used a 500 square foot-NEVER!
It's not a gill net because it is not
made like one. It is not used like
one, and the resulting catch is
less than 30 percent. Predomi-
nantly, it is not a gill net, so it's
not a gill net. For all those rea-
sons, your Honor, you must defer
to the trial judge who is the trier
of law and fact, and I believe for
those reasons that his decision
was proper and I would ask you
to uphold his decision in every
respect ...

She added, "The captain and crew
of your boat are cordially invited
to a party at Pirates' Landing Ma-
rina on Timber Island in Carra-
belle following the parade, where
awards will be presented about
9:00 p.m. This will give partici-
pants time to fie up their boats."
She pointed out that "there is no
entry fee to participate in the Boat
Parade of Lights."
.Entry categories include: Com-
mercial and Recreational Power
Boats 24' and under, Recreational
Power Boats 25' and over, Com-'
mercial Boats 25' and over, and
First place, prizes for each cat-
egory are trophies and one hun-
dred dollars ($100). The second
place prize for each category is
fifty dollars ($50). Third place for
each category is twenty-five dol-
lars ($25). "If the judges warrant,"
said Coody, "there may be a dis-
cretionary prize."
Call Parade Committee Chairman
Jim Bryan for more information
at 850-697-2427.

Children's & Adults Boots Anchor
Retrieval Systems* Rope Frozen
Bait Triple Fish Line Deep Sea &
Flat Rods 4/0 & 6/0 Penn. Reels *
Daiwa 350H & 450H Reels

3 C-.. "ay. C -.. 3.".

-T1E- Gift Certificates Party Trays *Fruit &

Gift Baskets Choice Beef Fresh
^ Poultry Fresh Seafood (in season)
ci We specialize in choice
SCustom Cut Meats with a Mon. Sat.:
Cold Cut Department. 9 am. 6:30 p.m.
Fresh Produce Groceries noon 6:3 p.m.
)* Beer and Wine
.Pine Street Mini Complex 2nd and Pine East
St. George Island, Florida 850-927-2808

Now is the time to
subscribe to the


The Chronicle is published every other Friday.
Mailed subscriptions within Franklin County
are $16.96 including taxes for one year, or 26
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Continued from Page 9,
Column 6
Argument by
Jonathan Glogau



Highway 98 & 6th Street
EST. 1836
7:30 A.M.
10:30 A.M.

jf irst 1apti.5t E)1urrc
St. George Island
501 E. Bayshore Drive
R. Michael Whaley. Pastor
Join us as we praise and
worship the living Christ!

Sunday Bible'Study 10:00 a.m.
Worship & Praise 11:00 a.m.
Sunday Night 7:00 p.m.
Wed. "Power Hour" 7:00 p.m.

"Walking in Christ"

Jonathan Glougau, who had initially reserved five minutes of his ar-
gument time for a concluding argument, took to the podium to reiter-
ate his major arguments, that is Judge Sauls "reached out" for his
constitutional arguments without any evidence presented in the ini-
tial trial, and that the Pringle-Crum net was a gill net, and therefore
outlawed by the Florida Constitution.


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