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T he APALACHICOLA, FL
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SF ranking ERMIT #8
A LOCALLY OWNED NEWSPAPER
Judge Also Vacates 1986 Order That
Enjoined The County
i0 Orders Franklin
December 12 25, 2003
Franklin P /"
Sa s o
On Friday afternoon, at 6
p.m., November 28th, icy
winds drove down the
Apalachicola River as Santa
Claus arrived once more to
officially begin the Holiday
Season in Franklin County.
He was very warmly greeted,
however, by hundreds of
screaming children and
more than a few adults as
they waited for Mr. Claus to
disembark from the shrimp
boat. As in the previous
seasons, Santa's perch was
ready with dozens of parents'
lined up with their children
to greet the old page and tell
him of their holiday desires.
He was officially greeted by
the mayor, Sandy Howze,
and then turned to the very
long line of waiting children
who climbed the perch to do
some lap-sitting and
jaw-boning. Santa rose
highly to the occasion and
The Newell Fund for the Perform-
ing Arts presented the Bay Area
Choral Society in their annual
Christmas Concert at the Dixie
Theatre on Sunday afternoon,
December 7, 2003.
The group opened the concert on
a solemn remembrance of those
lost at Pearl Harbor on December
7, 1941 with the Navy Hymn."
Bedford Watkins read a poem he
wrote in memory of a sailor who
died on the USS Arizona from his
hometown years earlier.
Then, the concert took pn the holi-
day flavors beginning with 'Twas
the Night before Christmas" made
famous by Fred Waring. Dr.
Tamara Marsh, Roger Jones,
Merel Young and Wesley Chesnut
were soloists during the program.
The Bay Keepers Male Quartet
also entertained. The audience
was invited into a community sing
with the traditional music such
as "Come All Ye Faithful", 'The
First Noel" and "Silent Night."
The Choral Society included the
Dr. Tom Adams and Eugenia
Watkins were the conductors; Dr.
Bedford Watkins, pianist.
The next concert will be held at
Trinity Episcopal Church,
Apalachicola, 4 p.m. Sunday,
January 18th, 2004. This concert
will feature the Trio Interna-
zionale with Martha Gherardi,
Luciano Gherardi and Bedford
Watkins with possibly a guest art-
ist or two.
The House of Representative on
December 8, passed the Omnibus
Appropriations Conference Report
for fiscal year 2004. Congressman
Allen Boyd (D-North Florida), a
member of the House Appropria-
tions Committee, was able to se-
cure $402,000 for research for
Oyster Post-Harvest Treatment
(PHT). This research is vital to
Continued on Page 12
'Alleged Sunshine Violation Lawsuit Still Pending
Before Judge Ferris In Circuit Court
According to the County Attorney, Thomas M. Shuler, the Board
of County Commissioners will hold a public meeting to consider
what final action on redistricting should occur. The meeting will
be on December 16, 2003 at 1:30 p.m. at the Courthouse Annex,
34 Forbes Street, Apalachicola.
In a one hour and 20 minute colloquy among Judge .Stafford, legal
counsel for Franklin County and Concerned Citizens, Inc., the judge
conducted a question-and-answer session that eventually led to a
consensus among the parties that the Federal litigation would be dis-
missed and the Judge would vacate his Order given in the 1986 vot-
ing case. There remains.a pending litigation in Franklin County Cir-
cuit Court before Judge Ferris involving allegation that the county's
2003 redistricting plan was adopted in violation of the. Sunshine laws
Federal Judge Stafford removed a barrier claimed by Franklin County
Counsel that the 1986 lawsuit prevented the County Commission
from enacting a 2003 redistricting plan without review and approval
of the Federal judge, as described in his 1986 Order.
Judge Stafford repeated the language several times. This read, par-
"...The defendants are enjoined from implementing any plan for re-
districting other than the plan proposed by the intervenors and
adopted by the court in this action..." The Franklin County Commis-
sion, represented by Al Shuler, former County Attorney, and his son
Thomas Michael Shuler, current County Attorney, maintained that
this language prevented the County Commissioners from implement-
ing a redistricting plan before 2000. They also argued that the flawed
census data prevented them to adopting a plan in 2001. Counsel for
the Concerned Citizens, on those points, did not agree, maintaining
that the County has been out-of-compliance with the law for two years,
The judge began his question-and-answer format shortly after 2 p.m.
on Wednesday afternoon in the Federal courtroom, Tallahassee.
The Judge sought consensus from both lawyers concerning possible
removal of the enjoining language, thereby removing a barrier to set-
tling the issue. He eventually ruled that the paragraph enjoining the
county would be removed, thereby "'clearing the way" for a 2003 re-
districting plan. Since the language was still in force and effect prior
to this hearing, the county's Resolution attempting to adopt a new
plan was therefore invalid.
i The judge carefully pointed out that his vacating the trouble-
some paragraph in the 1986 Order did NOT automatically ap-
prove any other plan adopted by the Franklin County Commis-
sion. Counsel also differed on whether that-was a valid conclusion
date and the Judge did not rule on that deadline. His words were:
. "Franklin County is Ordered to Immediately Redistrict."
After Judge Stafford vacated the language of the 1986 case, he de-
nied motions to consolidate the recent case with the 1986 case as
well as the motion involved in the intervention by the Concerned Citi-
zens, Inc., in the 1986 case. Counsel for the Concerned Citizens, Mr.
Robert Rivas, was instructed by Judge Stafford to inform Judge Ferris
in the Second Circuit Court that he was vacating the 1986 Order
enjoining the County. Mr. Rivas reminded the Judge that the Second
Circuit litigation only involved the question about the violation of the
Florida Sunshine laws in the adoption of the 2003 redistricting plan
by Resolution without public notice..
"What else cotild the Court do today?" asked Judge Stafford. Attor-
ney Robert Rivas argued that the Judge could order that the County
Commissioners be deposed, to explain the circumstances of their
adopting the 2003 plan but Judge Stafford declined to do this. After
some speculation, he dismissed the Federal case and ordered the
Franklin County Commission to redistrict "immediately" as there was
no Federal question remaining in the litigation. Then, the question
about attorney's fees was raised but the Judge declined to rule or
comment on the matter, indicating that the Concerned Citizens could
file their motion for reimbursement at a later date.
In the order of dismissal, the Federal Court stated:
"Concerned Citizens of Franklin County, Inc. (Plaintiff),
filed this action on October 8, 2003. In its complaint,
Plaintiff alleges that the Franklin County Board of County
Commissioners (the "Board") has not redistricted Franklin
County since 1986 and that the failure to do so deprives
Plaintiffs members of their right to equal protection. Plain-
tiff asks this court to enter (1) a declaratory judgment
that the Board's failure and refusal to redistrict is un-
constitutional; (2) an order requiring the Board to redis-
trict forthwith; and (3) a declaratory judgment "approv-
ing and imposing new district boundaries.
On October 30, 2003, the Board filed a Notion to dismiss
or abate. The Board contends that Plaintiff s action is
unripe and premature. Asserting that state law does not
require the county to review the corrected 2000 census
until 2003, the first odd-numbered year following its re-
ceipt of the corrected census dated December 27, 2001,'
the Board maintains that any redistricting required by
the corrected census is to be accomplished during 2003.
Plaintiff opposes the Board's motion to dismiss or abate.
After hearing arguments from the parties in open court
on December 3, 2003, the court dismissed the action. To
the extent Plaintiff has asked for an order requiring the
Board to redistrict, there was and is no dispute, because
the Board concedes that redistricting is necessary and
has accordingly adopted a plan that is purportedly con-
sistent with the revised 2000 census. The court having
now vacated the injunction that prevented Franklin
County from Implementing such plan... the Board has
said that the redistricting plan adopted by resolution on
October 21, 2003, would be Implemented forthwith. To
the extent Plaintiff seeks an order "approving and im-
Dosing new district boundaries," the case is unrioe. Re-
Continued on Page 11
A LOCALLY OWNED NEWSPAPER
rage 2 dtz ijee~rlu
The Franklin tnronmce
December 2, 2003
Present: Commission Eddie
Bevin Putnal and
Cheryl Sanders was re-elected
Chairperson of the Franklin
Superintendent of Public
Herbert Chipman complained
about road signs being pulled
down and vandalized. The dam-
age seemed greatest in the
Eastpoint area and up Highway
University of Florida
Bill Mahan gave the Commission-
ers a copy of the agenda for the
University of Florida-IFAS Ex-
tension program for December
16th on Organic Farming. The
program will cover organic farm-
ing principles and regulation, veg-
etable production, woody orna-
mentals, fruit, herbs and animal
production. The workshop will be
held at the UF-IFAS North Florida
Research and Education Center
in Quincy beginning at 9:30 a.m.
There is a $5.00 registration fee.
The Quincy facility is located 1/4
mile north'of Interstate 10, Exit
181 (Hwy 167), 20 miles east of
Tallahassee and 3 miles south of
The address for the North Florida
Research and Education Center
is: 155 Research Road, Quincy,
Florida 32351-5677 (850)
Bears Moving Into Franklin
Arlo Kane, of the Fish and Wild-
life Commission, spoke to the
'Commissioners about the bears
'moving into the coastal areas.
'Five' bears have moved into
Eastpoint and Carrabelle, and he
,estimated as many 'as 15 have
moved into the Lanark area. They
appear to be attracted to garbage
cans. One bear was caught near
the high school in Carrabelle and
was moved to a protected area. He
emphasized the importance of not
feeding the bears whatsoever, re6-
ommended placement of garbage
containers inside garages or other
Special flashing signs are to be
placed near highway 98 to warn
drivers about the presence of
bears so the traffic would slow.
Commissioner Putnal asked if
hunting season might be re-
opened but Mr. Kane said this was
a contentious issue with the Fish
and Wildlife Commission and un-
settled. There are pending stud-
ies of the bear populations. The
conclusion was certain, Mr. Kane
said, that the bear population has
Land Use Change for
The Commission unanimously
approved a proposed land use
change from Agricultural to Pub-
lic Facilities and Rezoning from
A-2 Forestry Agriculture District
to Z- 1 Public Facilities District for
9.44 acres of land to be used for
the St. Joe Arvida Wastewater
treatment plant. There was no
public comment to the proposal.
Billy Buzzett was invited to ad-
dress the Commissioners, saying
that the approach St. Joe is tak-
ing is to develop a "regional ap-
proach" to waste water treatment
in that area. "We want to be a part
of the solution, but we don't nec-
essarily want to be the solution."
St. Joe will operate the wastewa-
ter treatment plant for Summer
Box R Ranch
Commissioner Sanders said she
had received several telephone
calls inquiring about hunting
regulations on the Box R Ranch
land. Administrator Billy Sermons
from the Fish and Wildlife Com-
mission responded to her inquiry
indicating "...What I can tell you
(is) a little bit long on process and
short on details at this point. The
(Fish and Wildlife) Commission is
tentatively slated to be the lead
managing agency for the property.
That will be subject to a lease that
will be executed by the Dept. of
Environmental Protection Divi-
sion of State Lands...
He said the Fish and Wildlife
Commission will be initially an
interim agency to perform some
custodial functions and protec-
tion functions-"basically, get our
foot in the door." The (Fish and
Wildlife) Commission last met the
week before Thanksgiving. The
next meeting will be in February.
He said because of that timing, it
would not be possible to "estab-
lish the tract Into our wildlife
management area system any
earlier than February." Sermons
continued his long winded expla-
nation as to why the Commission
could not act. He said that an
Executive Order was being sought
to close the area to hunting for
the remainder of this hunting sea-
son. Sermons said this would en-
able the Fish-and Wildlife people
to survey wildlife, obtain public
comment and put together staff
recommendations ,and ,other'bu-
reaucratic machinations. That
statement set off Commissioner
Jimmy Mosconis. 'This is the very
thing that ticked me off when I
heard that St. Joe went and did a
deal like this. All this was worked
out behind the scenes with state
agencies... and excluded US. The
hunting season is a short period
of time. Why in the hell close it
right now?" Mosconis emphasized
that the Commissioners needed to
see the management plan for the
property and to become informed
so the public can be informed.
Sermons said that the State had
every intention of bringing in the
local government and population
on the planning for the use of the
property as well as other state
Commissioner Putnal also com-
plained about the short hunting
season and high cost of licensing.
"Every time you take something-
away, we never get it back," he
concluded. "We fully intend to
broker in the county... have work-
shops, etc.," added Sermons.
Cheryl Sanders urged Sermons to
keep the land open for hunting.
Mr. Sermons told the Board that
he intended to inform his superi-
ors about the discussion with the
Board and not to issue the pro-
posed Executive Order closing the
Box R Ranch property to hunting.
He could not commit any decision
as to leaseholders for the prop-
erty since his agency was not di-
rectly involved in the acquisition
of the property.
Rita Long Construction
Rita Long requested the Board
approve rezoning from C-2 Com-
mercial Business to C-4 Commer-
cial Mixed-Use Residential for lots
10-13, Block 5 East, Unit 1, lo-
cated on St. George Island. She
plans to construct residential
units as second stories on those
buildings. Certified letters were
sent to adjoining property owners
but no one from the public re-
sponded to the official notices.
The Board approved the rezoning
Request for Increase in
George Pruitt, representing
Franklin County United Fire-
fighters, requested an increase in
Municipal Service Benefit Unit
funding. Citing the Insurance
Service Organization ratings for
all the fire departments, he has
advocated new policies and rules
for housing 35 feet from the
ground to the eve so, that each
ire depot. have an apparatus to
reach those structures, for fire
fighting or rescue, or both. Hav-
ing such an apparatus would im-
pact upon insurance rates, he
Eastpoint and other depts. needs
are more base such as the re-
placement of an aging tank truck.
St. George Island and Alligator
Point would gain more in terms
of lower fire insurance rates
should they obtain a ladder truck,
to reach the 35-foot level. The
state, Pruitt reiterated, has also
required that volunt'eer fire fight-
ers have the same training as pro-
fessional fire fighters. This would
require a 250-hour training pro-
gram at a cost of over $500 per
More time has been spent fund
raising than fire fighting training.
The current MbsLU only funds
about one-third of our annual
budget, countywide. The last in-
crease, made after 13 years, was
about one-half of what was re-
Suested. Pruitt's proposal called
or all houses 1200 square feet
and below stay at the current
$42.00 assessment. Houses
larger than 1200 feet would be
assessed .042 per square foot for
their MSBU. For a house about
2500 square feet, Pruitt said the
fee would "roughly double."
Cheryl Sanders said, "People's
income is not based on the square
footage of their house..." She has
a 2500 square foot house, 12
She also reminded Mr. Pruitt that
she had asked the firemen to "get
with the county attorney" to ex-
change information. Tom M.
Shuler said they did meet with
him, except for the Apalachicola
Fire Dept. and Carrabelle Depart-
ment. He asked for a copy of the
ISO regulations to read for him-
self, but he was not furnished
with that information. He also
needed information on projected
revenues that the tiered MSBU
scheme would raise but this was
not forthcoming. Commissioner
Mosconis remarked that those
owning larger homes also had
higher property taxes. Mr. Pruitt
said he would put the data to-
getner anti provide tnem to nme
County Attorney. The County
would then proceed with that in-
formation to make their recom-
St. James Volunteer Fire
The department has asked the
County for the used First Re-
sponder vehicle when it is aban-
doned. Commissioner Mosconis
raised the question of whether the
Homeland Security legislation
might have funds to procure the
vehicle. Bevin Putnal moved that
the vehicle be given to the St.
Continued on Page 5
HAPPY HOLIDAYS FROM (
' / From All of Us to Each of You
Happy Holidays and Remember...
Jesus is the Reason for the Season
From Your Friends at:
SEAFOOD REEF IJ
511 Highway 98 Apalachicola, FL 32320 (850) 653-9228
The Apalachicola Bay Area
Chamber of Commerce
Swishes you a
Happy Holiday Season and
a profitable New Year!
We're Celebrating Our
That's right. Bauer Financial Services, Inc. has rated us as a 5-Star Bank for over 50 consecutive
quarters. So, in our opinion we're celebrating our 50th Anniversary. (This amounts to 12 and a
half consecutive years we've received Bauer's top rating.)
To celebrate our Fiftieth Anniversary we invite you to drop by the Gulf State Community Bank.
nearest you and pick up your anniversary present. Of course, no purchase is necessary and only
one gift to a person, but don't wait because supplies are limited.
Also, while you're picking up your present, ask us to show you how we can help you improve your
A trusted friend in the community.
APALACHICOLA CARRABELLE EASTPOINT ST. GEORGE ISLAND [ MEMBER FDIC
Stop in for all your tire needs.
407 Highway 98 Eastpoint, FL
ll)--- I A I I Y'IIQA-AIW"hAlr IMT
A I f)IA rJ'V i*JAJRWI)N7 A17WqPA PF
EDrrORAi & COMMENTARY
The President's Visit To Iraq:
A. Comment On Leadership
In this era of management by memo and pseudo-leadership by press
release, the President of the United States has once again placed
himself at the Head of the Parade and clearly demonstrated Leader-
ship by Example, complete with commendatory symbolism. Yeah. We'
applaud the President for secretly flying into Iraq to commend our
splendid Armed Forces at such an appropriate time, Thanksgiving
2003. Yeah. He has again demonstrated that plain, unvarnished, old
fashioned Leadership means getting in front of the parade, exposing
himself to full accountability without apology, and modestly thank-
ing our troops for their job "well done" despite the continued sacri-
fices and dangers.
Meanwhile, the political pundits and nay-sayers after his job keep
carping about his policies from the sidelines, trying to develop lever-
age In the media for political attention. I admire the man and the
Office for taking the bold steps to go there to talk withth the fellows and
women who are exposing themselves to daily dangers. Please don't
miss the point here. I am not campaigning for Mr. Bush's re-election.
But, there is something profound, yet commendatory, for a Leader
who willingly steps down now-and-then to visit with, and thank our
thousands of international representatives who face the uncertain-
ties of life abroad, in a war zone.
The story about the challenges faced by our "forces," military and
other "nation-building" categories, is not being told very well by our
TV media. Only occasionally are their references to U.S. soldiers who
perform military functions by night and social work by day. However,
ack to my point.
This kind of leadership, rubbing elbows with the troops, workers,
Peace Corps other international American volunteers, is not witnessed
much anymore in our new century. We have lost many of our leaders
to memoranda, press releases, media events, TV chats, third party
interlopers, staged pseudo-events in any kind of American bureau-
cracy. There is something absolutely refreshing to see the chief step-
ping down from busy schedules to the rank-and-file to say "Well Done."
Many bureaucrats have never learned the high benefits of getting in
front of the parade occasionally, and actually leading their organiza-
tions and aggregations of people toward common goals. Mr. Bush
may be criticized for flying aboard an aircraft carrier, but few who
saw that event also understood the incredible value such an appear-
ance presented to the people who make the bureaucracy work, and
One organization not well known for leadership is academia, peopled
by highly paid bureaucrats who excel in writing memoranda and policy
statements, but have considerable trouble in actually leading their
bureaucracies to a common goal. Indeed, having been exposed to a
small part of that experience, I have found that many academics are
incapable of reaching agreement on common goals, a considerable
frustration for many faculties in our so-called modern universities,
heavily involved with different political goals.
The symbolic quality of a visit to Iraq, or an aircraft carrier in pilots'
uniform, can enhance the stature of the leader for a considerable
time well beyond the actual event.
Undoubtedly, the political carping and opportunism by potential can-
didates for the President's job, generates the polarity that will take
away from his Leadership qualities. Years ago, looking "macho" was
cool but then, thankfully, some humanity was added to this symbolic
state of affairs, as in the example of theteary eyed Indian who mourned
over our environmental state of affairs in several public service TV
ads. How many remember Charles Atlas? You date yourself, I sus-
pect, if you do.
Of course, there are many attributes that identify leadership quali-
ties including high fashion, good looks, speaking abilities, and other
highly visible qualities. But, the event itself can be priceless. Many,
still remember President Kennedy speaking in German before the
Iron Curtain, and his "Let Them Come to Berlin" speech. Perhaps an
act of defiance, but one of some lasting quality that helped melt the
Cold War and Soviet belligerence, although it was not quite so clear
at the time. When Mr. Reagan reminded Premier Khruschev to 'Tear
Down that Wall," the Soviet model and empire was already starting to,
crumble. Certainly, remarks and incidents such as these cannot be-
come the root cause for historic change. They are still considerably
important because these events unify us to a common cause and
"getting in front of the parade" is really indispensable in the modern
age, and I am most thankful that we have a president who has some
grasp on leadership. In some instances, these incidents may symbol-
ize an age or an attitude.
Tom W. Hoffer, Publisher
I 'VE POST OFFICE BOX 590
EASTPOINT, FLORIDA 32328
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,1 e-mail: hoffer531 @gtcom.net
THE FRANKLIN COUNTY CHRONICLE, INC.
Vol. 12, No. 25
Top Of The Morning
By Rene Topping
Rene Shares A Christmas in 1931
I am too far into my years to be called a child, and even my mother, if
she was still alive, would not be able to call me "little." But I am
sitting at the computer here in America and my mind has drifted
back to a time in Moulton Eaugate, Lincolnshire, England when I
was five 1/2 years old.
The time was Christmas 1931. We lived in what was known as an
"attached cottage." Thaf meant that two homes were attached to one
another. Each side had 2 rooms up and 2 down, and neither were not
really very large.
For this Christmas we were having our grandma and grandpa, from
Grimsby for three days. There was 5 of us children, two parents and
a great- grandma who lived with us. We were really squeezed in.
We always loved to have our grandma and grandpa come because
they always brought us bundles of things, toys and clothes for us.
For mum a nice dress and some fancy handkerchiefs and always
something nice for great-grandma like a nice shawl.
The days just before the guests would arrive Mum and our Grandma
busied themselves getting into a flurry of baking.
Now, my mother did not have a stove. When she went to baking she
would build up a good fire and then rake it under the oven built in
one side of the fireplace. I have often wondered how she brought out
such good bread all year around. I don't do so good even in my elec-
tric oven. If she wanted to make a stew she just swung the stew pot
on a big hook and let it cook over the fire.
So day on day the two ladies turned out a big Christmas cake in the
oven and a Christmas Pudding over the fire. They turned out a mince
pie, some mince pie tarts, some lemon curd tarts and maids of Honor
tarts. She had no refrigerator, only a cold stone on which she kept the
Then we kids got to decorate the house. Dad went out and cut some
small boughs from the woods, We put them on top of all the pictures.
Then we made yards of paper chains and Dad made them stretch
across the living room.
He dug up a small pine and brought it in a bucket of soil so it could
be a little bigger the next year. It stood in one corner of the room. We
cut out pictures and made ornaments from them. We used some green
string. Then Dad put on the clips that would hold the little candles.
The most fun was when Dad brought in a bunch of mistletoe and we
would jump out and plaster kisses on our brothers who were not as
happy as we were.
The day came then the Grandparents arrived. Grandma had several
brown bags filled with all kind of goodies. Lots of chocolate, dried
fruit, dates and such exquisite sweets. Grandpa had brought Dad
some big cigars, a couple of bottles of wine and whiskey, and said,
"Bill, we will live like the other side do all the time, we'll be Nabobs."
He had brought mum some Turkish cigarettes. The fragrance of the
really good cigars and the cigarettes hung in the air.
We went early to bed but I crept downstairs and looked at what was
going on in the living room. I was sorry later because that was the
Christmas that I found out there is no Santa Claus.
But I felt that at 5 1/2 years old I was a big girl when I was granted to
stay up an extra hour that night, I also got to make the black finger
prints that before this I had believed Santa made when coming out of
In the morning we all looked in ouir stockings and I can't remember
what the boys got. I was too absorbed that we had a beautiful pram
Grandpa had made to share with little sister and it had a pillow and
a quilt made by Grandma. Our other present was a doll with a porce-
Then it was time for us to give Dad our usual Lavender shaving stick.
He always told us he loved it and he would smell good when he shaved.
(When the war caused soap to be hard to come by, Dad brought out
all of his supply of those Lavender shaving, sticks that we had been
gifting him for all those years.)
We waited for Dad to light up the tree and after he put all the candles
in and he lit all of them the tree looked so beautiful. He let us have it
for about ten minutes until he blew out all the candles. That was so
Dinner was so good. I had never before eaten such wonderful food. I
felt my tummy stretching out to accommodate an overflow. When we
got to the Christmas pudding Mum said "Don't start eating the pud-
ding until you have found your silver token." Everyone took,a fork
and the pudding was soon strewn over the plate. Each time some one
said "I got mine. It is a button." I was last to call out, "I got the six-
pence." I was a rich little girl that Christmas. I WISH YOU ALL AS
HAPPY A CHRISTMAS AS I HAD IN 1931 WHEN ALL THE FAMILY
WERE TOGETHER AND LOVE SURROUNDED US.
December 12, 2003
Publisher Tom W. Hoffer
Contributors Sue Cronkite
............ Rene Topping
............ Eunice Hartmann
............ Harriett Beach
............ Dawn Radford
............ Donna Butterfield
Sales Lisa Szczepaniak
and Production Artist Diane Beauvais Dyal
Production Associates Andy Dyal
.......... Lisa Szczepaniak
Director of Circulation Andy Dyal
Circulation Associates Jerry Weber
............ Joe D. Terrell
Citizen's Advisory Group
Rand Edelstein Alligator Point
Karen Cox-Dennis Apalachicola
Skip Frink Carrabelle
David Butler Carrabelle
Elizabeth and Jim Sisung Eastpoint
Bedford and Eugenia Watkins.............. Eastpoint
Pat Morrison St. George Island
Richard Harper St. George Island
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All contents Copyright 2003
Franklin Chronicle, Inc.
12 December 2003 Page 3
Trusting The King
By R. Wayne Childers
Immediately after 9-11, the administration began arresting and im-
prisoning people suspected of terrorist ties or activities. When the
first of these cases finally reached the lower courts, the Government
put forth the novel idea that the President in his discretion alone,
could designate a person as a terrorist and later as an "enemy com-
batant" and have him or her held without bail or recourse to the
courts for as long as he deemed necessary. Further, having been des-
ignated as an "enemy combatant" the accused had no rights other
than trial by a military tribunal The rationale is that National Secu-
rity reasons trump individual rights. There are currently at least 2
native born American citizens and an unknown number of foreign
nationals including those held in detention at Guantanamo Bay who
are being detained without access to the courts or due process of law.
Some of these have been held as long as 2 years or more.
This is not the first time in the ancient history of Anglo-American law
that a sovereign has held the view that a person can be detained for
as long as the sovereign desires simply because he wishes it. King
John held this view and the barons brought him to bay at Runnymede
in 1215 and made him renounce this right in signing Magna Carta,
the Great Charter of Liberties that is the foundation of our Constitu-
tion and Law.
From this, along with the right to be arrested only upon probable
cause of having committed a crime and the right of speedy trial by
jury for all criminal defendants eventually sprang the writ of Habeas
Corpus, which means You Have The Body... This writ orders a person
detaining another to appear in court with that person and tell why he
or she is being held. If the court finds the detainment to be unlawful
or bailable, then it will order the person released. Today, most crimi-
nal defendants must speedily receive first appearance where the prob-
able cause for their arrest and detainment is examined and bail if
warranted, is set. Some however who are designated "terrorists" or
"enemy combatants" do not appear to have this right. It is possible as
the terms "enemy combatant" and "terrorist" evolve, they will begin
to include those that aid the enemy's actions by doing anything at all
that injures the system. As absurd as it sounds, shoplifting because
it hurts the economy, can become a terrorist activity. But at the be-
ginning, actions under these circumstances will likely only extend to
assumed difficult and important crimes.
The last time there was an attempt this contemptuous of Magna Carta
and the Law was in 1628. At the urging of King Charles I, the high
court refused Habeas Corpus to Five Knights he had imprisoned or
not giving him a forced and illegal gift of money. His Attorney General
had three major points: the sovereign can imprison on mere suspi-
cion alone or for reasons of national security and the sovereign does
not have to give the reason why a person is detained.
In response to this, Lord Coke (pronounced Cook) who is rightly known
as the father of Anglo-American law drafted The Petition of Right (1628),
which is the grandfather of our Bill of Rights. In remarking on Ha-
beas Corpus, Lord Coke noted that if this right were taken away from
Englishmen, then all the other rights were irrelevant. If you are not
secure in your own person and liberties you have no rights. He fur-
ther stated that imprisonment without a fixed sentence was a living
hell. Citing Magna Carta and all the relevant cases decided under it,
he then said that this right could not be taken from the people but he
also allowed it could be suspended in time of war. He realized that
this would be another potential loophole so he then defined what war
and peace are. It is a time of peace anytime the courts are sitting and
can therefore hear cases. Despite the fact that the King several times
sent to demand that Parliament accept his word that he would do
right, they refused to give up Magna Carta and so passed the Petition
of Right with Lord Coke's words "reason of state (national security)
lames Magna Carta" still ringing in their ears. Another issue addressed
by The Petition of Right was that of the trial of civilians by military
tribunals. This also was rejected out of hand as being antithetical to
the law. It is no wonder that The Petition of Right is so important that
it is also known as the second, Magna Carta.
Aware of what Lord Coke pointed out, the framers of our Constitution
found this right is so. important that it is the only right enshrined in,
the body of the Constitution. It is in Article I Section 9, which states
"The privilege of the writ of Habeas Corpus shall not be suspended,
unless when in cases of rebellion or invasion the public safety may
require it." And it is reserved to the Congress alone and not to the
President to suspend it. The Patriot Act contains the only delegation
of this power to the President. This is only to detain aliens suspected
of terrorism for a maximum of 7 days until they are released, charged
or deportation is begun.
Suspension of Habeas Corpus is not the only concern. Another is
that people are being arrested and held without the arrest being dis-
closed so that in at least some cases, people simply disappear off the
street. This is similar to the actions undertaken by the Gestapo un-
der the "Nacht urid Nebel" Decree issued December 7, 1941 by order
of the late Fuhrer Adolph Hitler. Among other things it provided for
the preventive arrest of suspected enemies of the state and forbade
Continued on Page4
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A LOCALLY OWNED NEWSPAPER
The Franklin Chronicle
Trusting The King from Page 3
the release of any information about them, especially as to whether
they had been detained or not. People simply disappeared into "Night
and Fog" for the same reasons now put forth by the administration.
There are currently at least 2 American born US citizens and an un-
known number of others, who have been detained as alleged "terror-
ists" or "enemy combatants" without access to lawyers or the courts.
The first of these cases to reach the Supreme Court is the case of
MBK vs. Warden. We know little about this case or the decisions made
in the 11th Circuit because all of these proceedings have been secret
up to the point where even knowledge of the case being brought is
secret. This too is an area of concern. Habeas Corpus has always
been considered a partially civil partially criminal proceeding and
has never been held secret. But then if you "disappear" them into
Night and Fog, you do not want to alert anyone as to their detention.
The court docket which was released after the fact simply lists the 65
hearings in the case under such terms as IN RE PETITION FOR HA-
BEAS CORPUS, SEALED DOCUMENT; SEALED TRANSCRIPT OF
.HEARING, SEALED NOTICE OF APPEAL. There is no indication of
who is prevailing or even who the parties are.
There are a number of other secret cases also headed to the Supreme
Court on this occasion. One has to do with one of the detained Ameri-
can citizens and others with detainees at Guantanamo Bay. While
further cases allegedly seek to force the government to disclose the
names of those held in detention in the United States after 9-11. It is
impossible to determine just what the arguments or decisions have
been in the cases since they are secret.
While it is argued that the "enemy combatants" who are being held at
Guantanamo were captured on the field of battle and are thus legiti-
mately classified as such, some of them were actually purchased from
the Pakistani Military Intelligence Service, the ISI. This organization
was and perhaps still is, a close ally of Al Qaeda and the Taliban. It is
possible that they simply grabbed up innocent peasants fleeing over
the border into Pakistan and sold them to us to get the money. There
is absolutely no way of establishing this legally without some sort of
There does not seem to be a case that supports the government's
position, at least since the Five Knights Case in 1628. Even former
US Attorney General Griffin Bell in his testimony before the US Sen-
ate in November 2001, stated "As to those cases which involve U.S.
citizens, or aliens on U.S. soil, the case of In re Quirin, 317 U.S. 1
(1942), plainly established that habeas corpus review was an appro-
priate means for defendants to test the jurisdiction of military tribu-
nals." He also stated that the Justice Department's withholding of
the names of the detained was appropriate given that the same de-
partment had made legal representation for these people available.
If the Supreme Court accepts the government's position that mere
designation of a person as an "enemy combatant" without any actual
proof is enough to remove him from the judicial system and subject
him to trial by military tribunal, this negates the Constitution and
places all Americans at risk. Any person can then disappear. There is
no acknowledgement by the government that it is in any way involved
and it can probably deny it even to a court. Then just as the Attorney
General argued in the Five Knights case, the defendant is held until
such time as sufficient evidence is accumulated to convict. If this
evidence.is not forthcoming, you simply retain him or her in custody
until they die. If there is sufficient evidence such that they can be
convicted, they can be sent before a military tribunal, which convicts
and sentences them either to death or a term of imprisonment.
'Though these sentences are not subject to appeal under current
government arguments, prisoners in the U.S. normally have access
to the court system and may contrive to defeat the purpose of their
imprisonment through "cunning lawyers". Where then do we imprison
them to prevent this? Do we build huge prisons at Guantanamo be-
cause it is outside U.S. territory and therefore as the government
argues, not subject to the jurisdiction of the U.S. courts? There or
someplace like it, seems the most likely solution.
The results can become even more twisted. If, as a prosecutor, you
know that by designating a person as an "enemy combatant," you
can cause him to disappear and never reappear, it will very tempting
at some point to get a real scumbag who is doing serious harm to the
community. Once the barrier is down, eventually the temptation will
be to apply this to every "difficult" case effectively ending the Federal
criminal courts as we know them.
In the 19th century, Thomas Babington Macauley said in referring to
legal changes which tookplacenin the reign.of C harles II, "t he laws we
change today to punish the guilty, will be used tomorrow to destroy
the innocent." This is something to think about. In preserving liberty
we may destroy it in the interests of safety. In the end, you can be
safe or you can be free, but you cannot be both. We trade little parts
of our freedom for security. The trick is not to trade it all away for a
security that is increasingly illusive as attacks on Americans and
In the end, if those that the President designates as "enemy combat-
ants" have no rights and no access to the courts to determine if they
are "enemy combatants" or not, no matter that the reason be that we
are holding them outside the country, then we will have laid Lord
Coke and Magna Carta to rest. If the case is decided in favor of the
government's position and the court places its trust in the sovereign,
then it will be something that Lord Coke would find abhorrent and
King Charles would welcome as would and will King George. To para-
phrase the words of the psalmist, "put not your faith in princes nor
your trust in the Kings of Men."
Franklin County Public Library News
By Judi Rundel
The Franklin County Public Library's FROG Family Learning Pro-
gram will hold "Holiday Fun Night" at the Apalachicola program cen-
ter (New Life Center on 8th Street) on Thursday, December 11th from
5:30 to 7:00 p.m. and again at the Eastpoint branch of the Library on
December 17th from 5:30 to 7:00 p.m. FROG families and friends are
invited to participate in making holiday greeting cards for our service
men and women, learning about safety during the holidays, and en-
joying a light snack.
The Carrabelle WINGS and TIGERS participants will be caroling
around Lanark Village on Thursday evening, December 18th. The
Apalachicola TIGERS will continue the popular Poetry Slam program
at their site in the New Life Center on 8th Street on Thursday after-
noon, December 11th.
Friends and family of the Franklin County Public Library are invited
to the Annual Christmas Party to be held at the Eastpoint Firehouse
on Sunday, December 14th. Special guest, Santa, at 2:15 p.m. and
the potluck supper with grab-bag gift exchange begins at 3:00 p.m.
The Advisory Board of The Franklin County Public Library will not
meet in December. Regular monthly meeting will resume in January.
The Franklin County Public Library's FROG, WINGS, and TIGERS
offer many programs that are free and open to the public. Registra-
tion, however, is required for information about upcoming programs,
becoming a volunteer tutor, or becoming a library volunteer, please
call 670-4423, 697-2091, or 653-2784.
Important Holiday Hours:
Holiday hours for the Carrabelle and Eastpoint branches of The
Franklin County Public Library are as follows: Open regular hours
Tuesday December 23, closed Wednesday through Monday, Decem-
ber 24 through 29. Open regular hours Tuesday and Wednesday,
December 30 and 31, closed New Year's Day, and re-opening with
regular hours on January 2, 2004, WINGS, TIGERS, and FROG pro-
grams will continue throughout the holidays except for December 24,
25, 26, and New Year's Day.
FWC Selects Northwest Florida
For Aircraft Carrier Reef
The Florida Fish and Wildlife Con-
servation Commission (FWC) on
November 13, chose to recom-
mend a deep-water site off
Escambia County to place the de-
commissioned aircraft carrier
"U.S.S. Oriskany" for use as an
artificial reef. The U.S. Navy and
the U.S. Maritime Administration
(MARAD) have solicited applica-
tions from states interested in re-
ceiving the "Oriskany" for sinking
as an artificial reef, and a deci-
sion on which state will receive
the carrier could come before the
end of the year.
The Navy and MARAD have speci-
fied that they will accept only one'
application for the "Oriskany" per
state. The FWC received and
evaluated two applications, one
from Dade/Broward/Palm Beach
counties for a proposed site that,
straddles the Broward/Dade line
abotit two miles from shore, and
one from Escambia/Okaloosa,
counties for a proposed site about-.
22.5 miles south of Pensacola,
A Commission decision this sum-
mer to recommend the Escambia
County site for the "Oriskany' was
rescinded because the Navy and
MARAD recently issued new ap-
plication guidelines for coastal
states to receive decommissioned
ships for use as artificial reefs.
The FWC again selected the
northwest Florida site because it
believed the application for that
location best met the Navy's spe-
cific evaluation criteria for the
project and is the best-suited to
compete, with applications from
other interested states. However,
the FWC hopes to receive 20 or
more large combatant or noncom-
batant decommissioned military
ships in the future to be distrib-
uted among other Florida coun-
FWC staff will work with'Escam-
bia County officials to ensure
Florida's application for the
"Oriskany" will meet MARAD's
Nov. 20 application deadline.
The decommissioned 888-foot air-
craft carrier currently is in the
inactive reserve fleet at Beau-
mont, Texas, but it probably will
be towed to Corpus Christi, Texas.
for cleaning. The "Oriskany" may
be ready for deployment as an ar-
tificial reef by April or May. It will
be the largest sunken-ship artifi-
cial reef in U.S. waters.
Officials believe the "Oriskany,"
which has been mothballed since
1975, would be an excellent arti-
ficial reef that would enhance
marine life and offer superior.rec-
reational opportunities for anglers
and scuba divers. Texas, South
Carolina and Mississippi have in-
dicated they also plan to apply for
Fr nk in SW k u la
Four 6th grade Brown Elementary'
School students placed first of
638 teams in Florida and another
four students placed first in the
region of 45 teams in the national
computerized Stock Market
Game. The students heading the
state competition (which included
high schools) are: Jordan Odom,
Jonathan Dasher, Chase Rich-
ards and Alan Eddy. The students
winning the regional title for el-
ementary schools in Northwest
Florida are: Shelby Nowling, Levi
Odom, Leigh Redmond and
Mandy Byrd. The students were
able to build $100,000 into
$117,189 and $113,275 respec-
tively over 15 weeks.
Eight teams of Brown Elementary
6th grade math and social stud-
ies students of Mr. Jerry
Butterfield have been playing the
stock market for the past two
months as part of the SMG World-
wide Stock Market Game. The
computer-based game is as real-
istic as it gets ... with trades based
on the daily stock market perfor-
"Each team is 'given' $100,000 to
invest," according to Butterfield.
"By buying and selling, the stu-
dents are able to watch their in-
vestments grow or lose money.
This training and exposure to in-
vesting is teaching economic les-
sons to the students-be wise, be
informed, be careful."
The winning teams bought 4-7
stocks; some with as few as 100
shares, others as much as 1,000
shares. Butterfield jokes he is
Sing to use their list as a basis
or his investment portfolio. The
two stocks that were the biggest
gainers: Yanzhou Coal Co., Inc.
(+36%) and Harman International
Industries, Inc. (+26 %).
Hickory-smoked the old-fashioned
way with all the fixns prepared from
our own recipes.
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SUPPER BUFFET Mon.-Fri.
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The Franklin Chronicle
A LOCALLY OWNED NEWSPAPER
12 December 2003 Paee 5
from Page 2
James dept. when Emergystat is
ready to abandon the vehicle.
Barry Burch, Julian G.
Bruce State Park
Mr. Burch discussed the use of
ATV traffic on St. George Island
and at the State Park. They do use
the vehicles in the Park for turtle
patrols and beach cleanup. A dis-
cussion continued involving uni-
dentified but uniformed persons
using ATVs on the beach.
Director of Administrative
Alan Pierce, County Planner, in-
formed the Board that the Board
of Adjustment is going to move
their meetings to the first Wednes-
day of the month instead of the
first Monday. The time and place
will be the same, effective in Janu-
ary 2004. The Board of Adjust-
ment meets in the Courthouse
Annex at 9 a.m.
Mr. Pierce received permission to
attend a Waterfronts Florida con-
ference in Crystal River Decem-
ber 10 and 11. "I want to attend
to learn what other communities
are doing to support and promote
their waterfronts. This is a DCA
sponsored event," states Pierce.
The Board was asked to decide
whether to install fencing around
the proposed landscape project on
St. George Island. The retention
S areas are currently dry retention,
meaning they do not hold water.
The landscape design proposed by
Kent McCoy turns these ponds
into wet retention ponds, with a
depth at one point of seven feet
deep. "I had previously recom-
mended the Board accept the
maintenance of the ponds but
that was before I realized that if
DOT kept the ponds they were
going to put a fence up." The
Board decided to redesign the
ponds so they would not require
The Board approved the purchase
of a budgeted Ford Ranger truck
through Orville Beckford Ford
Dealer in Milton, Florida for
$17,655. Beckford Ford is a
dealer on the state bid list.
Mr. Pierce sought direction from
the Board on how to get Weems
Hospital and three of the volun-
teer fire departments to provide
information to the county. All
counties are required to develop
a continuity of operations plan.
Franklin County received a
$25,000 grant and the Board con-
tracted with Mr. Linc Barnett to
develop the plan using the state
guidelines. The state requires the
county define what are critical
facilities, and then have those
critical facilities develop a plan for
operations if something goes
wrong. The COOP team, using
state guidelines, defined the hos-
pital and all the volunteer fire
departments as critical facilities.
The hospital and three of the vol-
unteer fire departments have not
provided any information as re-
quested by the COOP team. The
"county commission could deter-
mine that .the hospital is not a
critical facility, and therefore ex-
empt the hospital from the COOP
plan, but otherwise the hospital
needs to provide the requested
information. If it does not, then
the COOP plan will be incomplete,
through no fault of Mr. Barnett.
The three fire departments that
have not responded are
Apalachicola, Dog Island, and
Carrabelle. It is possible to decide
that Dog Island does not meet the
threshold of a critical facility be-
cause their situation is so unique,
but Apalachicola and Carrabelle
provide, standard coverage in the
county. The Commissioners de-
cided to write letters directly to the
fire department and Weems Hos-
pital for the information.
The Board approved signing of
contracts between Florida Com-
Cold Weather Does Not Dampen
Holiday Spirit Among The Iron Ravens
The Second Annual Toy Run for Wakulla County children
was held in Wakulla County over the Thanksgiving weekend,
on November 30th, through the auspices of the St. Marks
Volunteer Fire Department. The event began in the Winn
Dixie parking lot, Crawfordville, about noon, followed with
a ride to the Outz II restaurant in the Newport area where
about 120 toys were collected from volunteers. These were
loaded into the St. Marks fire department rescue truck
and placed into storage temporarily until December 12th
when they were distributed to Wakulla county children.
The Iron Ravens is a Tallahassee-based bike club.
Participants received a free lunch. Entertainment was
provided by "Fifth Gear," "Slow Han Pete" and "Lick My
Frog" music groups.
r Dr. Randolph's
A Reflexology service
(by appt. only)
A Free osteoporosis
A Hormone balance
Sellers Plaza *
Natural products for home, *
health & beauty:
A organic foods & wines
A lo-carb/diet/health foods
A vitamins & supplements
A natural hormones
A herbs & homeopathics
A hair & skin care
A cards, books & gifts
Highway 98 Eastpoint
k Open: Mon-Fri 9-6, Sat 10-5 850-670-4886
munities Trust (FCT) and the
county which include the autho-
rization that FCT act as the
county's agent in negotiating the
purchases of the Alligator Point
Campground and land on St.
George Island for a public boat
ramp. While private interests have
stated the Alligator Point Camp-
ground is going to be purchased
by a private party, the current
owner is still interested in having
the county appraise the property
and continue to move forward
with the acquisition.
The Board deferred action until
the next meeting to approve a con-
tract with Preble-Rish to cover
engineering services and survey-
ing on the CDBG contract contin-
gent upon the county attorney
reviewing the contract. The fees
proposed in the contract are rec-
ommended by Ms. Roumellis. The
fees are $27,000 for engineering
services including bidding, con-
tion and inspections, and $4,800
for surveying for easement and
property acquisition in Lanark
Village for stormwater control and
retention. Board action.
Preble-Rish has provided the
county with probable costs for the
list of roads submitted by the City
of Apalachicola and the City of
Carrbelle. Apalachicola requested
resurfacing only of roads. The es-
timated cost for the city's priori-
ties is $1.2 million. Carrabelle
requested resurfacing and new
construction at an estimated cost
is $0.9 million. The total cost re-
quested by both cities is $2.1 mil-
lion. By the end of this calendar
year, Dec. 2003, the county will
have $1.5 million in cash avail-
able for paving. Ms. Williams es-
timates that by 9-30-04, there will
be $1.8 million, as additional gas
tax funds will come in. The City
of'Apalachicola has at least
$100,000 to contribute towards
paving. It is unknown how much
Carrabelle can contribute.
' "a Afll fOccasion
p 5 pa
Seahorse Je\welr.: Gifts & Florist
S7 Market Street. Apalachicola, FL .32"320
The list of roads submitted by the
City of Apalachicola did not in-
clude at least one area Commis-
sioner Clarence Williams thought
was important, which was around
the housing projects, so there
might be some changes in
The Board has several options. It
can pave in the cities with the
money it has available. It can ex-
pand the paving program to cover
other areas and recognize it will
either have to borrow money and
use gas tax funds to pay it back
over several years or pledge about
1/2 mill of ad valorem taxes next
year to pay off the remaining debt.
If the Board sets a total budget of
$2.5 million, this will provide each
commissioner with $500,000.
This will barely get Apalachicola's
original list done without any
room for change orders. The
Board could ask the cities to scale
back their requests. If the Board
sets the paving budget at $3 mil-
lion, each commissioner would
have $600,000.00. This would
provide the funds for the paving
Apalachicola and Carrabelle both
would like done. Either $2.5 mil-
lion or $3 million would provide
some funds outside the cities, but
obviously a $3 million budget
would provide more.
Jimmy Mosconis moved to con-
tact the cities involved to begin the
As directed by the Board, Com-
missioner Creamer and Mr. Pierce
discussed some options for addi-
tional uses in the C-1 district. It
appears there are some distinct
differences between Eastpoint
and the 2-Mile area, and there is
some justification for separating
the two districts into two differ-
ent types of C-1. At this time,
Commissioner Creamer is inter-
ested only in the Eastpoint area.
A proposal would be to rezone
Eastpoint to C- 1A, and allow one
residence above a business but
prohibit condos, motels, hotels or
townhouses. Existing lots are
grandfathered, but any new lots
created would have to be at least
100 feet of road frontage. County
setbacks would be imposed. If a
lot could not meet the setbacks
that lot could apply for a variance.
The Board decided to establish a
public hearing on the zoning, is-
sue, probably the 2nd meeting in
Clerk of Court
Janice Hicks explained a current
air conditioning problem they
have experienced at the Health
Center. She received a bid of
$5,375 for procuring an air con-
ditioning unit for their computer
room. She requested to reduce
their budget by a like amount if
procurement of the air condition-
ing unit could be accomplished.
The Board approved.
The County Attorney, Thomas IA
Shuler, had received two con',
tracts from Alligator Point home
and lot owners which the Board
approved. The Ben Watkins con-
tract for purchase of parking
space near the courthouse was
also discussed. The total pur-
chase price was $400,000, with
$350,000 to be financed at 6 %
interest. The Board approved. The
Sumatra cemetery matter will be
taken up at the December 16th
meeting. The County Attorney
also announced that a hearing in
Federal Court would occur De-
cember 3rd at 2 p.m. in Tallahas-
see. The Chairperson, Cheryl
Sanders, was asked to attend.
AREA CHAMBER OF COMMERCE
May the peace and
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1000 East U.S. Highway 98
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Happy Holidays and good
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ME 9 The Franklin County
IM Public Library and
000 000oHAPPY HOLIDAYS!!
May God Bless You With
Peace and Health
I We E. wee meAW M ,", and si
We give a special thanks this holiday season to the
supporters of Literacy. 'With your help, more people
are able to read this message.
Franklin County Literacy
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MARSHALL MARINE East Highway 98 (Old Eveready Building)
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A LOCALLY OWNED NEWSPAPER
The Franklin Chronicle
'"Page 6 12 Decembepr 2003
The Franklin Chronicle
A LOCALLY OWNED NEWSPAPER
12 December 2003 Page 7
By Harriett Beach
The Honorable Judge Janet E. Ferris
Prosecuting Attorney, Michael Schneider
November 10, 2003
All persons identified below are innocent until proven
otherwise in a court of law.
Michael Shane Alday: Charged with one count of grand theft on October 28,
2003. Defendant was present, in court with Public Defender, Kevin Steiger.
Public Defender filed a conflict of interest motion. Defendant entered a plea of
not guilty. Case was entered on the Plea Docket for February 9, 2004.
Tina L. Shiver: Charged with the sale of a controlled substance (cannabis) on
August 21, 2003. Defendant was present in court with Public Defender, Kevin
Steiger. Defendant entered a plea of not guilty. Case was entered on the Plea
Docket for February 9, 2004.
Thomas M. Blackburn: Charged with the sale and possession of a controlled
substance with the intent to sell within 1000 feet of a store on August 28,
2003. Defendant was present in court and a Public Defender was appointed.
Defendant entered a plea of not guilty. Case was entered on the Plea Docket
for February 9, 2004.
Robert Kevin Lee: Charged with ten counts of uttering a false document on
September 3, 2003. Defendant was incarcerated. Defendant was present with
Public Defender, Kevin Steiger. Defendant entered a plea of no contest on all
the charges and was adjudicated guilty. Defendant was sentenced to three
years of drug offender probation and must undergo evaluation and treatment
as recommended. Defendant was given a five day release from incarceration
with daily urine analysis and is to report back to jail on the fifth day (by 5:00
p.m. on Friday) for evaluation unless Department of Corrections says other-
wise. $275.00 restitution was ordered. The court costs on each case to be set
by order or hearing. Cost of supervision was waived. If defendant is placed in
in-patient treatment, the Department of Corrections is not to collect any mon-
ies during that period. Juris was reserved on the restitution.
Timothy R. Moran: Charged with dealing in stolen property on August 23,
2003. Surety Bond was set at $15,000.00. Defendant was present in court
with Public Defender, Kevin Steiger. Defendant entered a plea of not guilty.
Case was entered on the Plea Docket for February 9, 2003.
Wardell Clinton Gordon: Charged with resisting an Officer with violence and
the possession of a controlled substance on October 1, 2003. Defendant was
incarcerated. Defendant entered a written plea of not guilty on October 17,
2003. Attorney John Leace represented the defendant and entered an order of
continuance on the Arraignment Docket for December 11, 2003.
James E. West: Charged with aggravated battery with a deadly weapon on
October 2, 2003. Defendant was incarcerated. Defendant was present in court
with Public Defender, Kevin Steiger. Defendant entered a plea of not guilty
and a motion for pre-trial release or reasonable bail. Bail was reduced to
$5,000.00 with the provision of no contact with the victim. Case was entered
on the Plea Docket for February 9, 2004.
Marcus Manning: Charged with two counts of the sale of a controlled sub-
stance within 1000 feet of a church, trafficking in cocaine and possession of
drug paraphernalia on October 3, 2003. Defendant was incarcerated. Defen-
dant was present in court with Public Defender, Kevin Steiger. Case was en-
tered on the Plea Docket for February 9, 2004.
VIOLATION OF PROBATION ARRAIGNMENTS:
Samuel Critton: Charged with violation of probation by the sale of a con-
trolled substance on July 8, 2001. Defendant Was released on his own recog-
nizance. Defendant was present in court and a Public Defender was appointed
to represent him. Defendant entered a denial of the charge. Case was entered
on the Violation of Probation Plea Docket for December 11, 2003.
Michael Oneal: Charged with violation of probation by the sale of a controlled
substance on June 5, 2001. Defendant was released on his own recognizance.
Defendant was not present in court and court is to send a notice for Violation
of Probation Arraignment Docket for December 11, 2003.
Marylyn J. Hatcher: Charged with violation of probation by thirteen counts
of uttering a false document on July 3, 2002. Defendant was incarcerated.
Defendant was present with Public Defender, Kevin Steiger and entered a
motion for pre-trial release. Defendant admitted to being in violation of proba-
tion and was found in violation of probation. Defendant was given 30 days in
.,jail with 30 days. credit for time served. Probation as modified and rein-
stated. .. ..
Wardell Clinton Gordon: Charged with violation of probation by the sale of a
controlled substance on March 27, 2002. Defendant was incarcerated. Defen-
dant entered a written plea of not guilty on October 17, 2003. Defendant was
present in court with Public Defender, Kevin Steiger and entered a denial of
the charges. Case was entered on the Violation of Probation Plea Docket for
December 11, 2003.
James E. Cooper: Charged with one count of battery on a Law Enforcement
Officer and one count of tampering with physical evidence on January 28,
2003. Defendant was incarcerated. Defendant was present in court with Pub-
lic Defender, Kevin Steiger and entered a plea of no contest to the charges.
Defendant admitted to the violation of probation and was adjudicated guilty.
The current probation was revoked and the defendant was sentenced to a new
two-year term of probation for each count. The probation is to run concurrent
for each count. Defendant is to serve an additional 30 days in jail (beginning
November 10, 2003) and all the prior conditions of probation are reimposed.
Defendant must pay $275.00 in court costs. The cost of supervision was waived
on both counts.
Laura Trammell: Charged with the possession of a controlled substance on
January 31, 2003. Defendant.was released on her own recognizance. Defen-
dant was present in court and a Public Defender was appointed to represent
her. Case was entered on the Violation of Probation Plea Docket for December
Nathan E. Lawrence: Charged with two counts of uttering a false document
on March 30, 2003. Defendant was incarcerated. Defendant was not in court
but was represented by Public Defender, Kevin Steiger, who entered a denial
of the charges. Cases were entered on the Violation of Probation Plea Docket
for December 11, 2003.
Dana Estes Richards: Charged with violation of probation by one count of
second degree murder on August 20, 1993. Defendant was released on his
own recognizance. Defendant was present in court and a Public Defender was
appointed to represent him. Case was entered on the Plea Docket for January
Eli David Griffin: Charged with violation of probation by the burglary of a
structure on July 14, 1999. Defendant was released on his own recognizance.
Defendant was present in court. Court agreed that probation would be termi-
nated and the warrant is to be withdrawn.
Charles L. Morris: Charged with violation of probation by the purchase of a
controlled substance on December 20, 2002, Defendant was incarcerated.
Defendant was not present in court but was represented by Public Defender,
Kevin Steiger, who entered a denial of the charges. Case was.entered on the
Violation of Probation Plea Docket for December 11, 2003.
Andrew W. Ambra: Charged with criminal mischief (3rd degree felony) on
July 20, 2003. Defendant did not appear in court and capias was ordered.
Joey C. Cogburn: Charged with violation of probation by two counts of forg-
ery and two counts of uttering a false document. Defendant was incarcerated.
Defendant was present in court with Public Defender, Kevin Steiger. Defen-
dant admitted to being in violation of probation and probation was revoked..
Defendant was sentenced to one year of community control followed by two
years of probation.
Joseph C. Cogburn: Charged with one count of burglary of a dwelling and
two counts of dealing in stolen property on June 28, 2003. Defendant was
incarcerated. Defendant was present in court with Public Defender, Kevin
Steiger. Defendant entered a plea of no contest and was adjudicated guilty.
Defendant was given one year of community control followed by two years of
probation on each count. Defendant must pay $275.00 in court costs and
restitution was ordered and juris was reserved for 30 days. Sentences on all
counts are to run concurrently.
Joseph C. Cogburn: Charged with the burglary of a dwelling on August 6,
2003. Defendant was incarcerated. Defendant was present in court with Pub-
lic Defender, Kevin Steiger. Defendant entered a plea of no contest to the charge
and was adjudicated guilty. Defendant was sentenced to one year of commu-
nity controlffollowed by two years of probation on each count. Defendant must
pay $275.00 in court costs and restitution was ordered and juris reserved.
Sentences are to run concurrently.
Beauford Grey: Charged with two counts of aggravated assault with a deadly
weapon and one count of battery on June 14, 2003. Surety bond was set at
$50,000.00. Neither the defendant nor his Attorney, Charles Hobbs II were
present in court. Case was entered on the Plea docket for December 11, 2003.
William Berry Hughes: Charged with four counts of lewd or lascivious moles-
tation on June 23, 2003. Defendant was Incarcerated. Defendant was present
in court with Public Defender, Kevin Steiger. State agreed to drop the first
count and will not prosecute. Defendant entered a plea of no contest to the
second, third and forth counts of lewd or lascivious molestation. Defendant
was adjudicated guilty and sentenced to 42 months in the Department of
Corrections with 140 days credit for time served. After the jail time the defen-
dant is to be on five years of sex offender probation and is to have no contact
with the victim. Defendant must pay $275.00 in court costs.
John D. James: Charged with shooting into an occupied vehicle and dis-
charging a firearm in public on June 8, 2003 and aggravated assault with a
deadly weapon on July 10, 2003. Surety bond was set for $30.000.00 for the
first two charges and $7,500.00 for the last charge. Attorney Barbara Sanders
represented the defendant. Cases were entered on the Plea Docket for Decem-
ber 11, 2003.
Robert Kevin Lee: Charged with five counts of passing worthless checks each
over the value of $150.00 on January 29, 2003, dealing in stolen property on
May 27, 2003, grand theft of a motor vehicle on May 29, 2003 and uttering a
worthless document on June 26, 2003. Defendant was incarcerated. Defen-
dant appeared in court with Public Defender, Kevin Steiger. Defendant en-
tered a plea of no contest and was adjudicated guilty. Defendant was sen-
tenced to one year probation for each count of the felonies and any restitution
ordered in these cases is to be paid as a condition of the felony probation.
Defendant must pay $215.00 for each case imposed.
Donald J. Lilley: Charged with violation of probation by resisting arrest with
violence on May 19, 2003. and resisting an Officer with violence and trespass
where notice is given on June 25, 2003. Defendant was incarcerated. Attor-
ney John Leace represented the defendant and entered an order of continu-
ance to the December 11, 2003 Plea Docket.
George Andy Lowery: Charged with violation of probation by the sale of a
controlled substance on July 18, 2003. Also charged with two counts of the
sale of a controlled substance, two counts of possession of a controlled sub-
stance with the intent to sell or deliver, possession of a firearm by a convicted
felon and possession of drug paraphernalia on July 18, 2003. Defendant was
incarcerated. Public Defender Kevin Steiger represented the defendant. A hear-
ing for all the cases was set for December 11, 2003.
Henry Allen Shiver: Charged with aggravated battery with intent to do great
bodily harm on June 3, 2003. Defendant was present in court but his Attor-
ney, Charles E. Hobbs II, was not present. Case was entered on the Plea Docket
for January 12, 2004.
Marvin Ray Benjamin Jr.: Charged with the sale of a controlled substance on
August 21, 2003. Defendant was incarcerated. Defendant was present in court
with Public Defender, Kevin Steiger. Case was entered on the Plea Docket for
December 11, 2003 along with a Violation of Probation Hearing for that date.
Mark Cumbie: Charged with grand theft of a motor vehicle on August 9, 2003.
Surety bond was set at $1,000.00. Kevin Steiger. represented the defendant.
The state announced they would not prosecute the defendant.
William Coggins: Charged with aggravated battery with a deadly weapon on
August 27, 2003. Defendant was incarcerated. Defendant was present in court
with Public Defender, Kevin Steiger. Case was entered on the Plea Docket for
January 12, 2004.
Deneen C. Harrell: Charged with grand theft on August 15, 2001. Surety
Bond was set at $2,500.00. On October 13, 2003, capias was ordered but was
held until November 10, 2003 for possible DPA action. Caplas was withdrawn
and an order of continuance entered for December 11, 2003. Attorney John
Leace represented the defendant.
Robert Kevin Lee: Charged with five counts of passing worthless checks each
over the value of $150.00 on September 3, 2003. Defendant was present with
Public Defender, Kevin Steiger. Defendant was incarcerated. Defendant en-
tered a plea of no contest and was adjudicated guilty. Defendant was given
one year of probation that is to run concurrent with the sentences for other
felonies. Any restitution in these cases is ordered to be paid as a condition of
the felony probation. $215.00 in each case is imposed.
Benny Ray Strops: Charged with sexual battery upon a child under the age
of twelve on June 23, 2002. Defendant was incarcerated. Defendant was present
in court but his Attorney, Charles E. Hobbs II was not present. Case was
entered on the Plea Docket for December 11, 2003.
VIOLATION OF PROBATION PLEA DOCKET:
Tracy Ann Barton: Charged with violation of probation by committing grand
theft on January 8, 2003. Defendant was present in court with Public De-
fender, Kevin Steiger. Defendant admitted to being in violation of probation
and was found in violation of probation. Defendant was given 6 months of
community control from today forward and the probation conditions were
Willie Fred Baucham: Charged with violation of probation by resisting an
Officer with violence on December 28, 2002. Defendant was incarcerated. De-
fendant was present in court with Public Defender, Kevin Steiger. Defendant
was released on his own recognizance. Case was entered for Violation of Pro-
bation Hearing on December 11, 2003.
Marvin Ray Benjamin Jr.: Charged with violation of probation by the sale of
a controlled substance on October 31, 2003. Defendant was incarcerated.
Defendant was present in court with Public Defender, Kevin Steiger. Case was
entered on the Violation of Probatioy Hearing Docket for December 11, 2003.
Billy Michael Carter: Charged with violation of probation by one count of
burglary of an occupied dwelling and one count of lewd and lascivious assault
or act on November .6, 1991. Defendant was incarcerated. Defendant was
present in court with Public Defender, Kevin Steiger. Defendant admitted to
being in violation of probation and was found in violation of probation. Proba-
tion was modified and reinstated to the current term. Defendant was given 68
days in jail with 68 dadv credit for umne served.
Vickie Dee Cryderman: Charged with violation of probation by the posses-
sion of a controlled substance on January 8. 2003. Defendant was present in
court with Public Defender, Kevin Steiger. Defendant admitted to being in
violation of probation and was found in violation of probation. Probation was
modified to 20 hours of community service. Defendant is also allowed to visit
with her child in her sister's home on weekends. Defendant can travel to Port
St. Joe to get her child to bring the child back to Eastpoint so she can visit
with the child in the sister's home and then return the child on Sunday.'
Tammy Douds: Charged with violation of probation by four counts of uttering
a false document on August 13, 2002. Defendant was incarcerated. Defen-
dant was present in court with Public Defender, Kevin Steiger. Defendant ad-
mitted to being in violation of probation and was found in violation of proba-
tion. Probation was revoked. Defendant was given 5 years in the Department
of Corrections followed by two years of drug offender probation reinstated.
Cost of supervision was waived and fines were reduced to a civil judgment.
Justin D. Howard: Charged with violation of probation by committing aggra-
vated battery with a deadly weapon on June 4, 2002. Defendant was incarcer-
ated. Defendant was present in court with Public Defender, Kevin Steiger.
Case was entered on the Violation of Probation Plea Docket for December 11,
Jim Cameron Mount: Charged with violation of probation by driving under
the influence on February 24, 2002. Defendant was Incarcerated. Defendant
was in court with Attorney, G. Gordon Shuler. Defendant admitted to being in
violation of probation and probation was reinstated and modified with all prior
conditions reimposed. Defendant was given 120 days in jail with 117 days
credit for time served.
Jason Newton: Charged with nine counts of uttering a false document on
July 1, 1999. Defendant was present in court and admitted to being in viola-
tion of probation. Defendant was found in violation of probation. Probation
was modified to add two more years probation to the present term of proba-
tion. Cost of supervision was waived. In the future any other cost of supervi-
sion of probation can terminate in a civil judgment if it is paid off early or
restitution is made at $300.00 a month.
Brook J. Vonier: Charged with violation of probation by committing-grand
theft on June 1, 2002. Rendi Katalinic represented the defendant. Case was
entered on the Docket Sounding for January 12, 2004. Defendant was also
charged with violation of probation by aggravated battery with intent to do
great bodily harm on March 19, 2003. This.charge was entered on the Docket
Sounding or January 12, 2004 and for, Jury Trial on January 14, 2004.
William Daniel Snelgrove: Charged with aggravated battery with intent to do
great bodily harm on September 26, 2003. Surety bond was set at $7,500.00.
Defendant was present in court and a Public Defender was appointed to rep-
resent him. Case was entered on the Plea Docket for February 9, 2004.
Sheri M. Hutchins: Charged with two counts of delivery of a controlled sub-
stance to a minor and one count of third degree murder on August 20, 2003.
Defendant was present in court with Attorney, Rachel Chesnut. Case was
entered on the Plea Docket for- May 10, 2004.
Andre Daniels: Charged with the sale of a controlled substance on October 1,
2003. Surety bond was set at $25,000.00. Defendant was present in court.
with Public Defender, Kevin Steiger. Defendant entered a p ea of not guilty.
Case was entered on the Plea Docket for February 9, 2003.
Michael Boone: Charged with lewd or lascivious battery on April 23, 2003.
Surety bond was set at $10,000.00. John Leace represented the defendant.
Case was entered on the Plea Docket for December 11, 2003.
Shawn V. Brown: Charged with possession of cocaine with Intent to sell, pos-
session of less than 20 grams of marijuana, driving while his license was
suspended or revoked and driving while under the influence on May 18, 2003.
Surety bond was set at $11,000.00. Defendant was present in court with
Public Defender, Kevin Steiger. Case was entered on the Plea docket for De-
cember 11, 2003.
John Sauers: Charged with burglary of an occupied dwelling, burglary df a
structure, and two counts of petty theft on February 19, 2003. Surety bond
was set for $5,000.00. Defendant was present in court with Attorney, Rachel
Chesnut. Case was entered on the Plea Docket for December 11, 2003.
VIOLATION OF PROBATION PLEA DOCKET:
Michael James Anderson: Charged with violation of probation by commit-
ting a burglary of a structure on January 19, 1998. Surety bond was set for
$5,000.00. Defendant was present in court with Public Defender, Kevin Steiger.
Case was set for Violation of Probation Plea Docket for February 9, 2004.
Stephan B. Bryant: Charged with violation of probation by felony fleeing or
attempting to elude on January 31, 2003. Defendant was present in court
with. Public Defender, Kevin Steiger. Defendant admitted to being in violation
of probation and was found in violation of probation. The current probation
was modified to add 20 hours of community service to the present probation.
Continued on Page 9
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East Pine Avenue,
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alt 2-k 27 George's Busy Shopping
Unit 1-E District. Zoned C4 Allows
East Pine Avenue
Lots across the street average $128,000 each.
These two lots are priced at $85,000 each.
Pa e 8 12 Decemher 2003
-L k ---A
A LOCALLY OWNED NEWSPAPER
. The Franklin Chronicle
FWC Seeks Input
iBlack Sea Bass
The Florida Fish and Wildlife Con-
servation Commission (FWC) has
scheduleduled two public workshops
regarding the commercial black
sea bass fishery. The FWC is in-
terested in receiving input on
black sea bass trap-marking and
retrieval issues, and an endorse-
ment for those using black sea
The FWC encourages all inter-
ested persons to participate at the
workshops, which will take place
from 6-8 p.m. as follows:
Tuesday, December 9
St. Marks Volunteer Fire
26 Shell Island Road
Thursday, December 11
Steinhatchee Community Center
1013 Riverside Drive S.E.
Work on your own boat in our secure
and equipped yard. Call for details
329 Water St, Apalachicola
St. Joe Community
. 11 Foundation Grants
Q/44W 4 / $70,000 To Benefit
...no matter where you are-
ours is a service you can trust.
KELLEY FUNERAL HOME
KELLEY-RILEY FUNERAL HOME
serving all of Franklin County
$49,900 Apalachicola Area:
3 bedroom, 2 bath mobile
home onone acre tract, near
marina, new deep well.
510 SE Ave. B
Carrabelle, FL 32322
I~ l m l. o_ ,. c ''--
$289,000 River Front Townhome:
2 bedroom, 2.5 bath, laundry
room and comes with boat
slip. Great buy.
$195,000 Moorings Condo: $1,750,000 8 Acre Island:
One bedroom, one bath Great opportunity for water
furnished and ready to use. front development. Good
Great rental, investment.
Visit our website at www.gulfcoast-beach.com
Phone: 850-697-8013 Fax: 850-697-4212
Each office is independently owned and operated.
PROPER ] ^
LICENSED REAL ESTA ER
Gulf Front-this prior Lorenzo's Restaurant, 8 Room Motel &
Caretaker Quarters is a unique property being in between St. James
Bay Golf Course Resort and St. Joe Land's planned New Develop-
ment (SummerCamp). 1.92 acres total! MLS#98123. $2,500,000.
100' Beautiful White Sandy Beach-with gorgeous views that
overlook the Barrier Islands. Property is close to Carrabelle Beach
Wayside Park. .27 acres on the gulf side and .73 acres on the north
side. 1 ACRE TOTAL! MLS#97366 $265,000.
Riverfront-1 acre tract on New River! This gorgeous lot has 124'
river frontage, older planted pines and a small pond. MLS#98163
Gorgeous Waterfront!-1.36 acres located between Eastpoint &
Carrabelle. 102' of Bayfront with gorgeous views of the Barrier
Islands including St. George Island! MLS#97298 $195,000.
Corner of 8th St. and Hwy. 98 201 W 8th Street
P.O. Box X Carrabelle, FL 32322
Jan Stoutamire, Realtor (850) 528-2225
Jackie Golden, Realtor (850) 899-8433
St. George Island Beachview: "Hawkeye," Gulf Beaches. Enjoy fabulous
water views and easy beach access from this 4BR/2BA, 1480 +/- sq. ft. home.
Features include hardwood floors, raised ceilings, irrigation system. Excellent
rental history. $575,000. MLS#98168.
Select Land Value
St. George Island Bayfront-Lot 10, Bay View Village, Plantation, 1.62 acres
MOL, approx. 150.64' frontage x 400.12'. $399,9004vILS#97848.
( Prudential Toll-Free: 800-974-2666
Resort Realty Phone: 850-927-2666
123 Gulf Beach Drive West e-mail: email@example.com
St. George Island, Florida 32328
An Independently Owned and Operated Member of The Prud eal Estate Affiliates, Inc.
Pamela Selton, Executive Direc-
tor of The St. Joe Community
Foundation was joined by JoAnne
Gander, Superintendent of
Franklin County District Schools
and Samuel "Buddy" Streit, Presi-
dent of Boys and Girls Clubs of
Big Bend to announce a total of
$70,000 pledged toward educa-
tion initiatives in the Franklin
County School District and for
Franklin County students by The
St. Joe Community Foundation.
A grant of $33,000 will fund
teaching and learning grants to
local Public School classroom
teachers and schools; $5,000 has
been awarded to the Franklin
County Learning Center; $3,000
for the sixth grade Challenger
Space Missions Program; $25,000
toward the Good Tides After
School program administered by
the Boys and Girls Clubs of Big
Bend, to increase program access
for more students; and a $4000
challenge match for Take Stock
Highway 98 & 6th Street
jir.4t 3aptizt Ijurcb
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"
25 years of experience
making dreams come true.
Let us help you find the property of your
dreams in the St. George Island and
Apalachicola Bay area.
'5' ,i] [ ::, .
WE CAN SHOWSYOU ANY
PROPER* STY T MAT
Chesnut Home: True Southern elegance. Greet your Conch Out Cottage: Beautiful four bedroom, three bath
guests as they enter into a grand hall with two seven foot home right across from the beach on the East End of St.
wide folding doors opening into twin parlors. Built in 1906, George Island. This unique home sits on one acre over-
this Victorian home sits on two city lots and features heart looking the beautiful Gulf of Mexico. This home has an ex-
pine floors, 11 foot ceilings, fireplace in every room and a cellent rental income and is a great investment. This is the
great covered front porch with beautiful landscaping. Beau- only property like it for sale on the East End. $999,000.
tifully well kept and only $397,000. MLS#97474. MLS#95219.
"New Look, Same People"
Suncoast Realty & Property Management, Inc.
224 Franklin Boulevard St. George Island, FL 32328
800/341-2021 850/927-2282 www.uncommonflorida.com
OCHLOCKONEE BAY REALTY
Tim Jordan, Lic. Real Estate Broker:
984-0001 850-567-9296 146 Highway 98
or P.O. Box 556, Panacea, FL 32346
Marsha Tucker: 850-251-1286 Richard Trogdon: 850-528-5223
Jerry Peters: 850-566-4124 Mike Delaney: 850-524-7325
Mike Gale: 850-567-2227 Jim Hallowell-mobile: 566-5165
Joseph White: 850-570-6677 Jared Miller: 926-4143
Gene Maxey: 850-566-6857 Carlos de Cubas-mobile: 510-9643
Josh Brown: 850-567-9429
web address: www.obrealty.com e-mail: firstname.lastname@example.org
FRANKLIN COUNTY WATERFRONT LOTS/HOMES
* Gulf Front! Large beautiful lot near Bald Point State Park Preserve within Coastal Barrier Act
designation. The surf, sand and sea oats provide a serene setting:for.your dream home. $399,000.
Possible owner financing. 39FWL.
* Hidden Harbor! Alligator Point's newest Gated Subdivision! Lots are bayfront, creekfront, and
bay to creek All are 1 +/- acres w/beach access, canoe launch and community pier. Lots starting at
just $155,0001 45FWL.
* AlligatorPointl 3BR/2BA home on Gulf Drive w/ unobstructed view of gulf. A great value w/ large
screened porch, outside shower, storage room, large corner lot and much more! Just $299,000.
* Alligator Pointl Custom DOulli y Wilham Solburg' 2 story on piings with over 3300 sq. ft. of living
space. Gourmet hichen ,win custom maple and mahogany catnnets/corian counter tops, convec-
lr.n an3rd Jin.Aire ovenss island bar icnern comers wair, 2 do:utle sinks. Casablanca fans, 4BR/
3.SBA. grand sizeO utiliy room nardaocd aria cerarc i,, oring throughout. 3 decks, screened in-
grourlO pool. All on Ihe most exclusivelouon the beach A muiut to see! $1.9 million. 144FWH.
* "Simple Addition" on the Beach! Gorgeous beachfront 1300 sq. ft. CHA, 2BR/2BA, w/ large
(200 sq. ft.) screened porch,700 sq. ft. open deck, completely refurrilshed in 1996, metal roof, well,
fish cleaning table, screened under house storage area. All of this on large fenced beach front lot.
Must see! Just $750,000. 145FWH.
* Alligator Pointl Gorgeous Bayfront lot w/74+/- ft. on the Bay. 558+/- ft. deep. this one won't last!
Across the street from the beach. City water available. Just $305,000. 46FWL.
* Bald Point! Primo Beach lot! 133' ft. beachfront. State property. Community water available. Call
today! $550,000. 47FWL.
The Franklin Chronicle
A LOCALLY OWNED NEWSPAPER
12 December 2003 Page 9
Alterations & Sewing Services
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237 Patton. Drive Eastpoint, FL 32328
Driveways /RU i y Rock Seawalls
R oas LAND DEVELOPMENT
Roads MARINE CONTRACTOR1 Demolit0ion
vjw 850-653-9820 or
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Home, Auto, Life, Business, Marine, Bonds
and Other Lines of Insurance
See us for your iFsr'Jr-rr,- : needs at:
61 Avenue E
Apalochicola, Florida 32320
Weekly & Monthly
S- --; Rentals
Kitchenettes & Trailers
tdA4 V4AM/ 11' Available
from $450 $750
No deposit required.
1714 Highway 98 E R.V. Lots $225 $250
Carrabelle, FL 32322
or visit our website at: www.islandview.com
FOLKS REALTY, INC.
#06-SOPCHOPPY RIVER-Over 250' of river front-
age on the Sopchoppy River with 3BR/2BA Double Wide.
There is a boat ramp on one end and a long dock paral-
leling the River with electric & fish cleaning facilities. Extra
storage shed, garage with workshop & separate little
building fixed for spare bedroom. Double Wide has huge
screened porch overlooking the River, large living room,
island kitchen, and separate bar area. CH&A and metal
roof over. MLS#98075............................... $285,000
FOLKS REALTY, INC.
1000 E. US 98 P.O. BOX F CARRABELLE, FL 32322
Office (850) 697-2332
Fax (850) 697-4333
The BUSINESS CARD DIRECTORY in the Chronicle pages is an
efficient way to promote your business to the public and save money
at the same time. These ads are strictly business cards magnified
to 2 columns by two inches, offered to you at 50% discount for two
insertions. Send your business card or copy to: Franklin Chronicle,
P.O. Box 590, Eastpoint, FL 32328 or fax 850-670-1685. Your
check for $15.00 will guarantee position in the next issue.
POSTAL JOB INFO FOR SALE?
You NEVER have to pay for information about federal or postal jobs.
If you see a job 'guarantee', contact the FTC. The Federal Trade Commision
is America's consumer protection agency.
Cev SEA SHELLS
Creative ideas for your decorating and landscape needs
. RARE STATUARY, NAUTICAL ITEMS,
LIGHTHOUSES, MERMAIDS & MUCH MORE!
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Bayview Trailer Park
515 Highway 98 Apalachicola, FL 32320
"Antiques and old toys cheerfully
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# es2enut i ree
79 MARKET STREET APALACHICOLA, FL 32320
WESLEY & ANN CHESNUT STORE (850) 653-2084
HOME (850) 653-8564
M like's v a n t Located at the intersection of
5"I. -CAR CERTIFIED
__ ",.1" TECHNICIANS
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3140 Coastal -ighway MV #12153
Crawfordville, PL 32327 -
(850) 926-6181 WREC EGKTM
Second Circuit Court from Page 7
Robert T. Mcanaly: Charged with violation of probation by two counts of the
ale of a controlled substance on May 31, 2002. Surety bond was set at
$5,000.00. Defendant was present with Public Defender, Kevin Steiger. De-
fendant admitted to being in violation of probation and was found in violation
of probation. Probation was modified to add 60 days of jail time that can be
served on weekends starting November. 14, 2003.
Elizabeth Owens: Charged with violation of probation by possession of more
than 20 grams of cannabis on January 19, 2002. Surety bond was set at
$2,500.00. Defendant was present in court with Public Defender, Kevin Steiger.
Violation of warrant was withdrawn and defendant is to continue with the
Valerie D. Coom: Charged with uttering a false document on August 29,
2002. Defendant entered a plea on June 10, 2003. Defendant was present in
court with Public Defender, Kevin Steiger. Defendant was adjudicated guilty
and was sentenced to 180 days in Franklin County jail with credit for time
served. Jail time is to be followed by 3 years of probation and no contact with
the victim. Restitution is to be paid in full ($45.00) as well as court costs of
$275.00. Cost of supervision was waived.
Herman Lee Pate: Charged with lewd or lascivious molestation on May 17,
2002. Defendant was incarcerated. Defendant was present with Public De-
fender, Kevin Steiger. There was a question on the ruling on the motion in
mine. Case was entered on the Plea Docket for December 11, 2003.
Michael Henderson: Charged with driving while under the influence and caus-
ing serious injuries and reckless driving causing serious bodily injury on May
8. 2002. Defendant was present in court with Attorney, J. Gordon Shuler.
Defendant entered a plea of no contest to the lesser count one (DUI) and to
count two as charged. Defendant was adjudicated guilty on the DUI count
and given one-year probation with alcohol evaluation and treatment as rec-
ommended. His vehicle was impounded for 10 days and his license was sus-
pended for 6 months. If available, an ignition interlock is to be installed on the
vehicle. Defendant must attend DUI School, consume no alcohol and not en-
ter bars or lounges. Adjudication was Withheld on the other counts but the
defendant was given 3 years concurrent probation, is to use no alcohol or
drugs and must submit to random tests. Defendant must pay $275.00 in
court costs and any restitution that might be ordered by a hearing.
DISCOUNTS FOR SENIORS
House Painting & Pressure Washing Work.
Quality Work, Low Rates.
Most Houses Under $500.00.
Pressure Washing $45.00 $50..
Free Estimates. Call (850) 225-0089 (cell)
.-~ New Electric Wheelchairs
"V "NO COST TO YOU"
We handle all the paperwork!
I Free Delivery! CALL TODAY!
WAKULLA PORTABLE BUILDINGS
3771 Crawfordville Highway, 2 Miles South of Traffic Light, Crawfordville, FL
(850) 926-8215 or (850) 926-2664
CARPORTS & SHOP
SINGLE & DOUBLE
1__ WIDE UNITS
4 i 5 .6x8-14x50
Roland Morris Schoelles: Charged with DUI with serious injuries and driv-
ing while his license was suspended or revoked on September 7, 2002. Bond
was set at $1500.00. On November 5, 2003, defendant stipulated to a motion
for continuance. Attorney John Leace represented the defendant. Case was
entered on the Docket Sounding for January 12, 2004.
Mark Devin Creamer: Charged with aggravated battery with a deadly weapon
on December 19, 2002. Surety bond was set at $1,500.00. John Leace repre-
sented the defendant. A motion was entered for continuance to December 11,
Tilden Lee Fichera: Charged with possession of a controlled substance on
February 19, 2003. Charge was reduced to possession of drug paraphernalia,
a minor misdemeanor. Defendant was present in court with Public Defender,
Kevin Steiger. Defendant was adjudicated guilty and given 6 months proba-
tion and must pay $215.00 In court costs.
James Delbert Lemmond: Charged with grand theft on April 28, 2003. Surety
bond was set at $7,500.00! Defendant was present in court with Public De-
fender, Kevin Steiger. Defendant entered a plea of no contest and adjudication
was withheld. Defendant was given 18 months probation that may terminate
early when restitution is paid. Cost of supervision is waived but defendant
must pay court costs of $275.00. Restitution is to be set with 30 days.
Benjamin R. Vasilinda: Charged with grand theft of a motor vehicle on June
26, 2003. Defendant was incarcerated. Defendant was present in court with
Public Defender, Kevin Steiger. Defendant entered a plea of no contest to a
lessor charge of "trespass of a conveyance" and was adjudicated guilty. Defen-
dant must pay $215.00 in court costs and was sentenced to 137 days in jail
with 137 days credit for time served. The plea was entered with the provision
upon there being no revocation or reinstatement of probation in Leon County.
Tammy Douds: Charged with four counts of uttering a false document. De-
fendant is incarcerated. Defendant was represented by Public Defender, Kevin
Steiger, who entered a motion for pretrial release or reasonable ball.
James E. Cooper: Charged with battery on a Law Enforcement Officer on
January 28, 2003. Surety bond was set at $5,000.00. Defendant was incar-
cerated. Defendant was represented by Public Defender, Kevin Steiger, who
entered a motion for pretrial release or reasonable bail.
William Cargill: Was present in court with Public Defender, Kevin Steiger,
who entered a motion for pre-trial release of the defendant. Bond was reduced
to $2,500.00 and the electric monitor was removed. Defendant entered a plea
of not guilty. Case wvas entered on the Plea Docket for February 9, 2004.
VIOLATION OF PROBATION HEARING:
Duane A. Topham: Charged with violation of probation by driving while his
license was suspended on April 20, 2002. Defendant was also charged with
two counts of dealing in stolen property and two counts of burglary of a con-
veyance and burglary of a structure on September 13, 2002. Defendant was
present in court with Public Defender, Kevin Steiger. Defendant admits to
being in violation of probation and was found in violation of probation. Com-
munity control was modified and the defendant was given 60 days in Franklin
County jail that can be served on weekends starting November 14, 2003. Com-
munity control will be reconsidered if defendant stays out of trouble.
BaySide Residential, Waterfront &
ADog Island Properties
Immaculate New 3370 sq. ft. home on Carrabelle River. Three bed-
rooms with 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 with well.
Commercial-Prime commercial property located in the middle of
downtown Carrabelle, 3000+ sq. ft. total 1500 sq. ft. rented upstairs
River-Two beautiful one acre lots on the New River. Short distance
to the Gulf by boat. Deep water. $245,000.00 each.
One Bayfront Lot-49 x 138 lot on the Bay, located in St. James.
Spectacular view. $275,000.00.
Golf Course-Beautiful lot on the 13th fairway. Single family lot. 46'
on the course, off the main road. Motivated seller. $175,000.
Golf Course-Beautiful lot on the 8th fairway. Garden Villa area. 49'
on the course, wetland on one side. Quiet cul-de-sac. $175,000.
Bayside Realty, Inc.
305 Avenue B South Carrabelle, FL 32322
697-5470 697-3919 877-577-7177 Fax: 697-9607
Raymond Williams-Broker/Sales Beth Barber-Realtor
Paue 10- 12 Decemher 2003
A LOCALLY OWNED NEWSPAPER
The Franklin Chronicle
A Florida Classified
FC fthW |Advertising Network
Each of the classified ads in this section reaches an audience
of 1.8 million subscribers through 112 Florida newspapers!
The Chronicle can place your advertising into this network. Please call the paper
with the FLORIDA REACH at 850-670-1687, fax: 850-670-1685.
AUCTION, Dec. 13, 10am, 71.96+ acres, Lake
Seminole, Recreational & development tracts, of-
fered divided, Decatur Co., GA. 10% buyer's premium.
Rowell Auctions Inc. (800)323-8388
www rowellauctions com GAIL AU-C002594.
GOVERNMENT SURPLUS- Great deals on sur-
plus and confiscated items. Easy and convenient,
right from your computer. Items change daily.
Registerfree. www.govdeals.com or call (800)613-
Business For Sale
POOUSPA REPAIR BUSINESS. Jacksonville
area. Established 1988. Price includes 6x12 en-
closed trailer, parts, tools & customer list. 50K.
ALL CASH CANDY ROUTE Do you earn $800 in
a day? Your own local candy route. Includes 30
Machines and Candy All for $9,995.
A New Year? Sanme Old Job? $250K/Year Poten-
tial. Not MLM! Call Today! (800)320-6098.
BUY SELL TRADE A Warhol, P Max, Al Neiman,
T Wesselmann, Fazzino, Erte, S/Ned. (305)935-
6168, www eallart com.
$$CASH$$ Cash now for structured settlements,
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Wentworth....J.G. WENTWORTH MEANS CASH
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ALZHEIMER'S DISEASE:, Causes, symptoms, diag-
nosis, treatment. Behaviors, sensory impairment,
driving. 48 pages, $10. Blue Tree Books #NW301,
PO Box 660, Ringoes NJ 08551,
www bluetreebooks com (800)513-9939.
ANNOUNCING NEW PAY! Start Up to 38cpm +
$1000 BONUS, 00's up to 90cpm, $0 Down Lease,
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**GOVERNMENT and POSTAL JOBS** PUBLIC
ANNOUNCEMENT. Now hiring up to $47,578.
Full/Part positions. Benefits and training. For appli-
cations and info (800)573-8555 Dept.P-335 8AM-
I IPM/7 Days.
SHOP! SHOP! SHOP! Pose as customer & get paid.
Secret shoppers needed for local stores, restaurants &
theatres. Flexible hours. Email Required (800)585-
9024 ext. 6111.
AUTOBODY REPAIR EQUIPMENT. Need moti-
vated Sales & Service people. 25 yr. old established
business; Represent National Companies; Protected
Territories in Fla; Commission/Salary Draw. Fax
resume: (941)924-5617; Phone (800)725-7378.
Driver COVENANT TRANSPORT. Teams and
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Experienced Drivers, Solos, Teams and Graduate
Students. Call (888)MOREPAY, (888)667-3729.
Earn $30,000 in 30 days! Self-Motivated Individual
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DRIVERS: CFI HAS NEW PAY PLAN!! 3-6 mos.
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ARRESTED? CRIMINAL DEFENSE *State
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vice (800)733-53'42'24 HOURS.'
Looking for old paper money from 1929 or before.
Formy generous offer, write to: James Christopher
POB 16471, Knoxville, TN 37996.
BE INDEPENDENT AGAIN! Get a scooter or
power chair from THE SCOOTER STORE. It may
cost less than you think. Call (800)372-7261.
%kESrEP.N N': M-).IN-TANS ASHE% ILLE AREA
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LAK.E, LURE N(-- MOU NTAINTOP I.,ranc~ite,.I
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gible". Medicare Accepted-Florida Statewide Quality
Service. Call anytime 7 days. (800)835-3155.
New 1600 sq ft Log Cabin shell with lake access & free
boat slip on 35,000 acre lake in Tennessee hills.
$89,900. Terms (800)704-3154 ext 537 Sunset Bay,
GEORGIA MOUNTAIN Land- 3 Acres and Larger.
Gated, private community. Spectacular natural beauty.
Majestic 70 mile views. Convenient to Atlanta. From
BEAUTIFUL NORTH CAROLINA MUST SEE
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GOV'T HOMES! $0 down! Tax repos & foreclosures!
Low or $0 down. No credit OK. For listings. (800)501-
1777 ext. 8371.
FWC To Watch
For Deer Disease
The Florida Fish and Wildlife Con-
servation Commission (FWC) is
looking to Florida's sportsmen for
help in monitoring for chronic
wasting disease (CWD). CWD is a
progressive, fatal disease that
wildlife authorities have detected
in mule deer, white-tailed deer'
and Rocky Mountain elk in cap-
tive herds and in the wild in some
mid-western and western states.
The FWC is urging hunters and
others to report sightings of sick
or skinny-looking deer. People can
report such deer by calling (866)
CWD-WATCH, toll-free. Wildlife
biologists will respond to calls and
will collect deer tissues if neces-
sary for testing. Tests must take
place within 48 hours of an
animal's death to yield reliable
CWD WATCH is part of a compre-
hensive monitoring program to
make sure CWD is not already in
Florida and that the disease does
not spread to the state.
More information about CWD is
available online at www.MyFWC.
COd grant you the light
in Christmas, which is
faith; the warmth of Christmas,
which is love...the all of
Christmas, which is Christ.
Eastpoint, FL 670-4333
Chris, Katina, Wonda, Johanna,
Russell, Wayne & Corey
The Chronicle Staff and Contributors wish you a
WARM AND MERRY CHRISTMAS and a
HAPPY NEW YEAR!!
-The Franklin Chronicle-
MORE PHOTOS, MORE ANALYSIS, MORE NEWS AND
OPINION, MORE OF EVERYTHING!
Distributed in Franklin, Gulf and Wakulla Counties.
850-670-1687 850-927-2186 Fax: 850-670-1685
4 Happy Holidays from
Judy's Fashion & Jewelry Boutique
.^ 171 HIGHWAY 98 SELLERS PLAZA
SStop in for your gift giving needs.
Juniors, Missy & Plus Sizes
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Love, Light, Spirit
e aowad C~oq"a
Open 7 Days Breakfast, Lunch & Dinner
Just 400 yards North of Highway 98 on N. Bayshore Dr. in Eastpoint
Follow the Signs to Good Times!
Our Local, Friendly Staff is Ready to Serve You
3295 Crawfordville Highway, Suite 12 Crawfordville, FL 32327
Phone: (850) 984-8812
Toll-Free: (888) 598-3766
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* ST & 2ND MORTGAGES 100% EQUITY PROGRAMS
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"We say yes...for less"
"r,%, JLXP JL" --- ^^'~ X"A -^- --M -l--
A LOCALLY OWNED NEWSPAPER
12 December 2003 Page 11
By Vicki Barnett
On November 19, local contrac-
tors attended a workshop at the
Court House Annex to become
certified in Sea Turtle Lighting for
Coastal Construction. The work-
shop was a joint effort by the
Franklin County Planning and
Building Department and the
Apalachicola Bay and River
Keeper's Sea Turtle Conservation
of Franklin County. Loma Patrick
of the U.S. Fish and Wildlife Ser-
vice in Panama City and Dean
Gallagher of the Florida Fish and
Wildlife Conservation Commis-
sions Bureau of Protected Species
Management gave presentations
regarding the correct type of light
as well as the specific types of fix-
tures allowed on beach front con-
struction by the Florida Depart-
ment of Environmental Protec-
It is important that property own-
ers be aware that Lighting Ordi-
nance 98-11 for Marine Turtle
Protection of Franklin County re-
quires that a lighting plan be sub-
mitted to the County Building
Department for any coastal con-
struction, both new construction
and remodels, prior to the issu-
ance of a permit. A Franklin
County permit is required to add
or alter exterior lights or replace
windows of houses or businesses
within line of sight of the beach
and/or the coastal construction
Of the 18 attendees, Randy Bell
of Bell Electrical Services, Inc.,
Ronald Gray of R. Gray & Associ-
ates, Richard Harper of Harpers
Contracting, E. W. Irvine, V. Will-
iam Poloronis of Poloronis Con-
struction, and Kenny Seymour of
Alternative Electric Co. LLC suc-
cessfully passed a certification
exam. These contractors are
therefore certified for Marine
Turtle Lighting by the U.S Fish
and Wildlife Service, Florida Fish
and Wildlife Conservation Com-
mission and ABARK's Sea Turtle
Conservation of Franklin County.
Robin A. Brinkley, Gina A. Irvin,
and Rachel Ward, of the Franklin
County Planning and Building
Department also attended the
workshop and became certified.
Other attendees who became cer-
tified are Vicki Barnett, Beth
Brinkley, Bob Day, Rolando
Gomez and Bruce Hall.
A list of certified contractors may
be obtained from the Franklin
County Building Department, lo-
cal vendors who carry Sea Turtle
Friendly Lighting fixtures and
supplies, and ABARK. The partici-
pating local vendors in Franklin
County are Harbor Electric in
Apalachicola and Coastal Build-
ing Supply in Eastpoint. Adding
additional participating vendors
in Franklin and Wakulla Counties
is planned in the near future.
It is important for coastal prop-
erty owners to remember that
Lighting Ordinance 98-11 for
Marine Turtle Protection: of
Franklin County requires that
prior to adding or altering exte-
rior lights or replacing windows
they need to submit a detailed
lighting plan to the building de-
partment for approval and obtain
a permit prior to executing the
changes. Using a Sea Turtle Light-
ing Certified contractor and par-
ticipating vendor will help simplify
the process for the property owner
and help assure that all permit
and ordinance requirements are
For assistance with Sea Turtle
Friendly Lighting on St. George
Island contact Bruce Hall at
ABARK 670-5470 and for Alliga-
tor Point contact Vicki Barnett
Additional Sea Turtle Lighting
Certification workshops will be
held in the future as the need
arises. If you would like to be in-
cluded in the next workshop,
please contact the Franklin
County Planning and Building
Department at 850-653-9783.
The Florida Fish and Wildlife Con-
servation Commission (FWC) will
continue refining the criteria it
uses to classify imperiled species
before considering any non-emer-
gency changes to the state's list
of endangered, threatened and
species of special concern. Con-
sequently, Commissioners will
not consider action on a petition
to reclassify manatees from en-
dangered to threatened for at least
a year. Another petition to add the
Panama City crayfish to the list
of threatened species also is on
During the FWC's November
19-21 meeting at Hawk's Cay Re-
sort on Duck Key, however, Com-
missioners voted to classify the
Miami blue butterfly as an endan-
In addition, Commissioners heard
a staff update concerning the
FWC's Listing Process btaKehold-
ers Panel. The panel, composed
of organizations of parties affected
by the FWC's imperiled species
protection measures, has re-
viewed the listing criteria and the
agency's staff will take the panel's
input and continue refining the
criteria based on revised guide-
lines from the International Union
for the Conservation of Nature.
Commissioners also approved a
new rule to allow contracted nui-
sance alligator trappers to have
an unlimited number of licensed
assistants who may remove nui-
sance gators under the direct su-
pervision of the trapper.
Commissioners also heard a staff
update concerning deer regula-
tion workshops and surveys and
discussed proposed 2004-05
wildlife and freshwater fisheries
Also, they heard reports regard-
ing manatee protection efforts in
Tampa Bay, Duval and Lee coun-
ties and reviewed and discussed
federal manatee speed zones.
Commissioners approved final
action on the Artificial Reef Stra-
tegic Plan, and reviewed and dis-
cussed a draft rule to permit
catch-and-release red drum (red-
fish) fishing tournaments to allow
participants to catch, hold and
release fish under certain condi-
tions. A final public hearing on
this proposed rule will take place
during the February 4-6 FWC
meeting in Amelia Island.
In other marine fisheries action,
the Commission directed staff to
develop proposed rule amend-
ments to address user conflicts in
the Boca Grande tarpon fishery,
including limiting the number of
fishing lines/rods used per boat
in the pass to no more than three,
prohibiting the operator of a ves-
sel from using a fishing rod while
operating a boat in the pass and
prohibiting the intentional "snag-
ging" of tarpon. The FWC will con-
tinue to study ways to reduce boat
speeds in the pass and reduce the
tarpon possession limit from two
fish to one and will step up edu-
cational and law enforcement
The next regular FWC meeting is
set for February 4-6 at Amelia
Review Of Fishery
The Florida Fish and Wildlife Con -
servatlon Commission (FWC)
Thursday proposed a series of
rule amendments regarding the
commercial lobster dive permit
program created by the Commis-
sion earlier this year. A final pub-
lic hearing on the proposed rule
amendments will be held during
the FWC's Feb. 4-6 meeting in
Amelia Island, and the commer-
cial dive permit program will be
implemented for the 2004-05
spiny lobster fishing season.,
In a related matter, Commission-
ers called for a comprehensive
re-evaluation of the management
of the spiny lobster fishery and a
three-year suspension of the pas-
sive/active lobster trap reduction
Last May, the Commission final-
ized new rules for spiny lobster
that created a commercial lobster
dive permit program. The FWC is
now proposing additional rule
amendments to aid implementa-
tion of the commercial lobster dive
program.'Key provisions of the
* Establish a commercial lobster
dive permit beginning in the
2004-05 fishing year
* Establish a qualification period
of either the license year July 1,
2000 -June 30, 2001, July 1,
2001 June 30, 2002 or July 1,
2002 June 30, 2003
Establish a moratorium on Is-
suing new permits from Jan. 1,
2004 until July 1, 2010 '
Prohibit dive permit holders
from also holding lobster trap cer-
Specify that the 250-lobster
commercial dive vessel daily bag
limit apply statewide (instead of
just in Monroe County)
Apply the 250-lobster vessel
daily bag limit to lobsters caught
with commercial bully nets
Prohibit divers from possessing
lobsters exceeding the recre-
ational bag limit within 25 yards
of artificial habitats (as defined by
* Establish the period of time
when trap certificates may be
transferred or inactivated in or-
der to receive a dive permit
* Allow for landings qualifications
to be either from all individual or
vessel saltwater products license
* Specify that the commercial div
permit applies only to a vessel
* Allow transfer of permits to an
immediate family member in the
event of disability or death of the
* Establish an appeals program
* Establish commercial lobster
dive vessel markings
; In other action, the FWC agreed
to consider a comprehensive re
assessment of the spiny lobster
fishery, which has experienced
consecutive years of significantly
depressed landings. The goal of
this effort will be to readdress the
total management of the fishery
and develop a long-term compre-
hensive plan that will consider
biological, economic and enforce-
This three-year evaluation would
include, but not necessarily be
limited to, harvest allocation, quo-
tas, fee structures, trap reduction,
commercial diving (including pos-
sible closed areas), recreational
harvest, size and bag limits, sea-
son length, allowable gear, alter-
native trap designs and legal lob-
ster habitats and environmental
and law enforcement Issues.
The FWC also directed staff to in-
clude a rule provision for the fi-
nal public hearing In February
that would suspend the passive/
active lobster trap reduction pro-
gram for three years. The program
would be continued after the
three-year moratorium unless the
Commission takes further action.
A spiny lobster stock assessment
has recently been prepared by the
Florida Marine Research Insti-
tute, and is currently being re-
viewed by FWC scientists. This
assessment will be submitted to
the National Marine Fisheries
Service for a joint review under
the Southeast Data, Assessment
and Review (SEDAR) process. This
process will provide an opportu-
nity for a thorough review of the
stock assessment and will be in-
tegral to completion of a compre-
hensive re-evaluation of the spiny
Miami businessman Rodney
Barreto, 46, was elected chairman
of the Florida Fish and Wildlife
Conservation Commission (FWC)
Thursday, November 20 by his
fellow commissioners at a meet-
ing at Duck Key.
He will succeed Dr. Edwin Rob-
erts of Pensacola beginning Janu-
ary 1. Commissioners elected H.
A. "Herky" Huffman of Enterprise
as vice chairman.
The Commission establishes
agency policy regarding protection
and management of Florida's fish
and wildlife, hires the agency ex-
ecutive director and sets state
regulations governing wildlife,
aquatic life and marine life con-
servation. The seven unpaid Com-
missioners serve five-year terms.
Currently vice chairman, Barreto
was appointed to the Commission
by Governor Jeb Bush in August
Barreto and his wife, Shelia, are
the parents of Brittney, 14, and
Bradley, 12. The new FWC chair-
man is an enthusiastic angler,
diver, boater and hunter.
The Miami businessman attended
Miami-Dade Community College
and earned a bachelor's degree in
professional studies from Miami's
Barry University in 1988. He is a
partner in the public affairs firm
of Barreto, Cunningham, May,
Dudley and Maloy with offices in
Miami and Tallahassee. The firm
provides strategic management of
public policy issues for corpora-
tions and organizations, both na-
tional and international. He also
owns and operates Metro Parking,
Inc. and Bode Export and Trad-
Barreto is actively involved in vari-
ous community activities. He
served as Miami-Dade chairman
of the 1999 Super Bowl XXXIII
Host Committee, chairman of the
1999 Breeder's Cup, is a member
of the Greater Miami Chamber of
Commerce Executive Committee,
was host chairman of the 63rd
annual U.S. Conference of May-
ors, vice chairman of the Miami
Centennial '96 Celebrations and
vice chairman of the 1999 Sister
Cities International Convention.
He is director/trustee for Good-
will Industries of South Florida,
Inc., director for the Tourist De-
velopment Council, director for
the Police Officer Assistance Trust
Fund, director for U.S. Century
Bank of Miami and a foundation
member for Baptist Health Sys-
e New federal funds amounting to
c $2.6 million will flow into Florida
- as its 2004 share of State Wildlife
Grants, the nation's core program
for preventing wildlife from be-
coming endangered. The funding
r is within the Interior Appropria-
e tions Bill, signed by the president
e November 10.,
"We're grateful for the efforts of
our congressional delegation and
e our many supporters in securing
e a victory for wildlife during these
- difficult budget times," said Ken-
neth Haddad, executive director
of the Florida Fish and Wildlife
Conservation Commission (FWC).
r Congress awarded $70 million to
State Wildlife Grants, a $10-mil-
d lion increase above the president's
- budget request and $5 million
more than the 2003 allocation.
Redistricting from Page 1
serving their right to pursue attorneys' fees and costs,
Plaintiff did not object to dismissal of this action."
On December 4, 2003, Judge Stafford formally entered his Order
vacating the injunction entered in the 1986 litigation. The Court stated:
"On May 31, 1986, this court ordered Franklin County
to conduct elections on a single district basis pursuant
to a plan proposed by intervenors, Concerned Citizens of
Franklin County. At the same time, the court enjoined
Franklin County from implementing any other plan. Spe-
cifically, the judgment provided: The defendants are en-
joined from providing county at-large elections and from
implementing any plan for redistricting other than the
plan proposed by the intervenors and adopted by the court
in this action as the "Election Plan."
On October 30, 2003, Franklin County filed a "Motion
for Approval to Implement Redistricting Plan." Doc. 97.
Continued on Page 12
In today's financial climate, the knowledgeable investor
is concerned with safety and liquidity. You don't want to
put your money where there is any undue risk.
Once again, we are proud to receive a Five-Star Rating
from Bauer Financial Services, Inc. For over 12
consecutive years, we have received the top rating
in Franklin County.
Stop by the Gulf State Community Bank office nearest
you and learn more about how we can help improve
your financial strength.
l A trustedfriend in the community.
APALACHICOLA CARRABELLE EASTPOINT ST. GEORGE ISLAND MEMBER FDIC
ine rraHKIII %-IIFU I UI
-i ne only 5-Star Bank
in Franklin County.
rlPho Firainklin Chranielp
"A%, 12 -12 dee AWr003A LCALY O NEDNEWPAPR.T..F.nkin hroicl
Redistricting from Page 11
In that motion, Franklin County represented that the
population at the time of the 1986 judgment was 8,412,
The revised 2000 census, dated December 27, 2001,
showed a county population of 9,829, an increase of 1,417
persons, On October 21, 2003, purportedly consistent
with the now census, the county adopted a resolution
changing the districting plan. Because the 1986 judg-
ment prohibits implementation of any new plan, the
county has asked this court to enter an order allowing it
to implement the changed district plan.
At a hearing before the court on December 3, 2003, the
court vacated the injunction set out In paragraph 5, page
9, of the May 31, 1986, final judgment, The court thus
removed what appeared to be an impediment to the
county's implementation of a now districting plan. By so
vacating the 1986 injunction, the court neither approves
nor disapproves on its merits the redistricting plan
adopted by Franklin County on October 21, 2003,
Accordingly, it is ORDERED:
1. As announced in court on December 3, 2003, para-
graph 5, page 9, of the Final Judgment entered May 31,
1986, IS VACATED AND SET ASIDE.
2. The motion to intervene, filed by Concerned Citizens
of Franklin County, Inc., is DENIED.
3. The motion to consolidate, also filed by Concerned Citi-
zens of Franklin County, Inc., is DENIED,
DONE AND ORDERED this December 4, 2003.
/s William Stafford
SENIOR UNITED STATES DISTRICT JUDGE."
NOT ALL ISLAND HOMES
ARE CREATED EQUAL.
INVESTIGATE TI- K R
SEA DUNE HOME IN THE ST. GEORGE PLANTATION
In post and beam construction, the load-bearing
poles extend all the way to the roof. About 41
support the structure, spliced together at various
inter, als Normall\. the roof s stem is placed on
top of the structure before the e\teror %alls are
erecte'[ ,inoe rhese are nol Ioid hber.inng.
* THE HOUSE: 2,100 square feet, heated or cooled, with cathedral living area, study, kitchen, four bedrooms
and three bathrooms, and sun deck. There is enormous rental potential with this design, permitting separate
area for the landlord.
* ENGINEERED TO WITHSTAND 160 MPH WINDS AND A 20-FOOT STORM SURGE.
* POST AND BEAM CONSTRUCTION: 41 pilings extend through each floor, holding up the roof system.
None of the exterior walls are load-bearing. There are three levels in this home built to last. Post and Beam
construction is the best and superb design for any building reposing on a pile of sand. 2100 square feet heated
and cooled. One of the last homes built on St. George Island by Mason Bean.
* ELEVATOR: by Sedgewick installed by Mowrey Elevators. Joined with a concrete ramp used for wheel-
chair accessibility to the living level. Can also function as a dumbwaiter and is especially useful for transport-
ing wood to the wood burning stove in the living area. The stove will adequately heat the house in' the coldest
* CEILING FANS: In bedrooms and living areas.
* PROJECTION ROOM AND MINIATURE THEATRE OR STUDY: Prewired for a music system or film
and TV soundtracks.
* SOLID-CORE DOORS: Throughout the house: New fiberglass doors for the exterior openings.
* CEMENT TILE ROOF: Guaranteed in writing for 50 years (when built, 1989); no fire hazard here as in the
case of wood cedar-shake shingles.
* CYPRESS SIDING: Cut into board and batton design; impervious to the harshest salt-infested Gulf winds.
* TILED KITCHEN AND BATHROOM: On the living level; one-half bath stubbed out in the loft area.
One-half bath at the utility level.
* MOTHER-IN-LAW FACILITIES: Are available at the utility level with plans; concrete foundation already
in place for a wall system and other alterations.
* FRAMING: Of floors incorporates library loads in the study, bedrooms and third level loft which is the
largest sleeping room, 16 feet square.
* AN ENGINEERED FACILITY: For the floor system and the entire structure to carry above-average loads.
* HEAT PUMP AND AIR CONDITIONING: Split-plan design by Ollie Gunn and Trane (General Electric).
* EXTERIOR WALLS: Incorporating six-inch studs for greater insulation; None of the exterior or interior
walls in this home are load-bearing.
Augered pilings were installed in
this house instead of driven
e. e,. -,t pilings. Forty-one 8x8" poles
extend from the ground to the roof
in a classic post-and-beam design,
the recommended mode for any
island construction on sand.
we love private
THE ITALIAN RESTAURANT OF
I Dine-In and Take-Out* 850-697-4084
Highway 98 Downtown Carrabelle
Cook Insurance Agency, Inc.
AUTO + HOME + COMMERCIAL LIFE
+ Specializing in Coastal Properties
from Alligator Point to Mexico Beach
23 Avenue D, Apalachicola, Fl 32329
850-653-9310 800-822-7530 "NdiiiGoepen"
'Estabished1913 A 1re.
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
issues. The out-of county rate is $22.26 in-
Basic Subscription, 26 issues.
[ Out of County L) In County
*If renewal, please include mailing label
Please send this form to:
Post Office Box 590
Eastpoint, Florida 32328
850-670-1687 or 850-927-2186
Oyster Post Harvest
from Page 1
is the time to
I Appeals Court
Takings Claim Rejected
The First District Court of Appeal
upheld last year's judgment by
Circuit Judge J. Ralph Smith re-
jecting claims from Coastal Petro-
leum Company (Apalachicola)
that the Florida Department of
Environmental Protection's denial
of a permit to drill for oil in the
Gulf of Mexico amounted to a tak-
ing of Coastal's property.
"Florida's waters and beaches re-
main better protected with this
determination," said DEP Secre-
tary David B. Struhs. 'The court's
decision to support Florida's case
is another win for both taxpayers
and the environment."
One year ago,. Judge Smith found
-that the Department's refusal to
issue a permit allowing Coastal to
drill on offshore leases met the
terms of a 1976 agreement be-
tween the State and the company.
In that agreement, Coastal agreed
to secure all necessary and cur-
rent environmental permits before
boring any wells. The State denied
Coastal's permit application and
successfully argued that the en-
vironmental threat from drilling
outweighs any potential benefit
from oil found in the three-mile
lease area located just six miles
from the Florida coastline.
The state leases held by Coastal
are in two tracts stretching from
the eastern panhandle to the
shores near Naples. In 2002, the
federal government agreed to pur-
chase all remaining active federal
oil and gas leases within 100
miles from the coast of Florida..
In 2001, Governor Bush per-
suaded the Department of the In-
terior to reduce the size of federal
Lease Sale 181 by 75 percent,
eliminating the possibility of any
new oil and gas leases within 100
miles of Florida's coast.
HELP-U-SELL HOMELAND COASTAL REALTY, INC.
2140 Crawfordville Hwy. Crawfordville, FL 32327
Office: (850) 926-3717 Fax: (850) 926-4875
Mobile: (850) 251-9804 Res.: (850) 925-1087
Email: firstname.lastname@example.org Web: www.helpusell.com
You haven't seen all the houses on the
market until you've been to Help-U-Sell.
Traditional real estate brokers show you their listings and then those on the Multiple Listing Service. You may
think that's all there are. But there are more-maybe dozens more. And we have the list.
You see, as Help-U-Sell brokers, we deal with homesellers who may choose not to put their home on the Multiple
Listing Service. Frankly, they like to avoid paying the commissions that go with traditional real estate brokers. And
we have the list.
So, if you're shopping for a home, be sure to call us for our Free Weekly List of homes you won't see anywhere
else. We'll give you the address and phone numbers of the sellers so you can call them directly. Yes, you can.
Give us a call and we'll give you the facts.
KARL RIESTERER, BROKER
Each office independently owned and operated. Equal housing opportunity. Help-U-Sell Real Estate.
Best Wishes for a Happy
J4, Holiday Season!
From Dr. Randolph and your friends at the
NATURAL MEDICINE SHOPPE
Sellers Plaza Highway 98 Eastpoint
Open: Mon-Fri 9-6, Sat 10-5 850-670-4886
Hope Your Holiday
Bright & Beautiful!!
Fresh Holiday Arrangements
Wire Service e Delivery
308 Marine Street Carrabelle, FL 32322 (850) 697-8149
DAILY LUNCH SPECIALS: 11:00 A.M. 2:00 P.M.
STARTING AT $4.95
SEAFOOD SPECIALS STARTING AT $5.95
> FRIDAY NIGHT SEAFOOD BUFFET 6-8 P.M.
SATURDAY SIZZLIN' STEAK NIGHT 6-8 P.M.
SUNDAY NIGHT OYSTER FEAST 6-8 P.M.'
511 Highway 98 Apalachicola, FL 32320 (850) 653-9228
Open 11:00 a.m. 10:00 p.m. Locally Owned & Operated
keeping the oyster industry viable,
in places like Gulf and Franklin
Currently, there are no national
standards for the post harvest
treatment of oysters to prevent
Vibrio Vulnificus (W). Despite
this fact, the Interstate Shellfish
Sanitation Conference (ISSQ, has
adopted resolutions requiring
20% of all oysters to receive post
harvest treatment by 2006. This
industry, which is already under
tremendous financial constraints,
stands to suffer further economic
loss if a national standard is not
recognized for PHT. This funding,
which is a continuation of fund-
ing Congressman Boyd secured in
both the FY2002 and FY2003 Ag-
riculture Appropriations bills, will
allow the necessary research,
evaluation and practical applica-
tion of various PHT methods in
reducing health risks to take
"I am pleased that we were able
to include this funding in the bill,"
said Boyd. "The goal of the indus-
try is to reduce Vibrio Vulnificus
levels in oysters intended for the
raw, halfshell market. This re-
search will enable us to take a
step toward that goal as well as
analyzing the cost-effectiveness in
using post harvest treatment and
its effect on the shelf life and taste
of the oyster. This is a great step
in the right direction for the in-
dustry and consumers."
I 1, I I I
A LOCALLY OWNED NEWSPAPER
PaPCe 12 12 December 20033
The Franklin Chronicle