Application for use of Ocala railroad and manufacturing center approved
By Caroline Brauchler caroline@ocalagaette.com
The Advanced Drainage Systems company will be taking over the former Certified Grocers site to manufacture plastic piping and distribute it through the adjoining railroad that runs through Ocala, after the Marion County Commission on Tuesday approved its special use permit.
The unanimous decision was made after over three hours of discussion at the county Planning & Zoning board meeting, where representatives from the city of Ocala and the Marion County School Board spoke in opposition of the permit’s approval out of concern for disruption from increased rail traffic and support of the competing proposal of someday converting the corridor to a multiuse trail.
Businessowners, nearby residents and other stakeholders spoke either in favor of the economic opportunity the center would create, or in opposition of the company’s use of the Florida Northern Railroad.
ADS was approved to use the the Certified Grocer site at 6026 SE 83rd St. as a manufacturing center, which will utilize the railroad that runs through downtown Ocala, through residential southeast Ocala neighborhoods, behind Forest High School, residential neighborhoods in Silver Springs Shores and ends at Lake Weir High School.
ADS is represented by attorney Rob Batsel Jr., who also represents the city of Ocala in two matters—the real property transaction associated with the SW 44th Avenue project, and the real property transaction associated with the acquisition of the Mount Moriah property for the Parking Garage 2 project, said City Attorney William Sexton.
The Amazing Veranica
= $2.952 million
Staff report
The excitement was palpable as a large crowd watched the Give4Marion tote board during a celebration event the evening of Sept. 18 at the Reilly Arts Center. And the gasps were audible as the totals
flashed on the board.
It just its fifth year, Give4Marion has now surpassed raising almost $6 million for Marion County nonprofit organizations.
Give4Marion started as a 24-hour, online fundraiser to help nonprofits recoup lost revenue from the COVID-19
pandemic. Since then, it has grown into a 33-hour event that helps bring awareness to the nonprofits, connects them to new donors and volunteers, and strengthens their relationship with the community. It also has become a social media phenomenon.
The balancing act between protecting First & Second Amendment rights—and school safety
Reporting and commentary by Jennifer Hunt Murty jennifer@ocalgazette.com
The specter of school violence visited our community on Friday, Sept. 13 when a Dunnellon High School student was arrested on charges including threatening to conduct a mass shooting. Coming just over a week after a teen brought a military-style rifle to a high school in Georgia and killed four people, the incident has left many Marion County residents angry, frightened and calling for authorities to severely punish the teen.
But despite the similarities, there are several key differences that should not be ignored as we process the incident.
For starters, the local teen—who is not being identified per the “Gazette’s” policy of not publishing, in most cases, the names of minors who have been arrested—did not physically harm or even threaten anyone. He did not go onto school property. He did not even have a real weapon; in a video of himself he posted to Snapchat he held an Airsoft rifle, like a BB gun, which shoots plastic pellets. His online had the caption: “HE’S BAAAAACK!”
Alarming? Absolutely, particularly when every parent, teacher, student and law enforcement member in the United States is on edge because of the seemingly relentless number of school shootings.
A parent of a student at the school notified the School Resource Officer that
she and her child were frightened by the video. That was the correct step. “See something, say something” are not just singsong words; they can save lives. What happened next demonstrates what can happen when we let our justified fears
See Guns, page A2
The Hilton Garden Inn hotel in downtown Ocala, owned by Danny Gaekwad, borders the tracks of the Florida Northern Railroad that will be used by Advanced Drainage systems. Gaekwad opposed the approval of the ADS special use permit out of concern that the rail traffic would be disruptive. [Jennifer Hunt Murty/Ocala Gazette]
Ashley Wheeler Gerds, Director of Strategic Engagement for the Community Foundation of Marion County unveils the final Give4Marion to a crowd gathered at the Reilly Arts Center on Sept. 18, 2024. Right: Frank M. Hennessey, Board Chairman with Lauren Deiorio, Executive Director for the Community Foundation of Marion County, addresses the crowd gathered at the Reilly for the final hour of Give4Marion. [Sean Kaplan]
Guns and school safety
Continued from page A1 cloud our common sense.
The Marion County Sheriff’s Office arrested the 16-year-old on two felony charges and posted his photo to its Facebook page. The MCSO published the teen’s name and, initially, reported that a search of the teen’s home revealed actual weapons.
They later corrected that misstatement, a key point because the teen and his family told deputies they often use Airsoft guns for mock battles in their home.
Predictably and understandably, hundreds of people flooded the comments section of the MCSO post. Also predictably, most of the commenters called for the teen, and his parents, to be punished severely.
But in the rush to judgment, can we all pump the brakes?
Certainly, no one needs to be reminded that our nation has been in the terrifying grip of school shootings for too many years. Some citizens lean toward vigilante justice for anyone thought to be connected to a school shooting, real or imagined—and that makes the problem only more dangerous. Yes, the teen showed a monumental lack of judgment by posing with a gun, even a toy one, and posting a photo online. If his parents were aware of this, and did not prevent him from doing so, they should be held accountable as well.
But there needs to be some common sense here. While not everything is known at the time of the interaction with law enforcement, once all the relevant details are known, cooler heads should prevail.
A few people responding to the MCSO post who identified themselves as family of the teen shared that Airsoft battles are a family
activity and the boy was only talking smack before the next family game.
According to the incident report, the teen’s mother allowed the deputies to search the property. They only found other Airsoft guns, supporting the statements that playing “war” was a family pastime.
The “Gazette” reviewed the video and could not discern any specific threat. The arrest affidavit was not clear on the verbiage of the threat and to whom the threat was made, only that a mother and daughter saw the student’s post and it made them fearful.
MCSO spokesman Lt. Paul Bloom said the video “was linked in a stream of comments about a school shooting. So, when others on the post saw this subject’s comment/photo, it was taken in context as pertaining to the school shooting that was being discussed.”
This context, however, was not mentioned in the arrest affidavit or the incident report—only that the video was posted in a Dunnellon High School group snapchat.
As of Sept. 18, Carrie Proctor, Assistant State Attorney, confirmed that the juvenile was still incarcerated and that a filing decision has not yet been made by the state attorney’s office yet. “Arraignment is next week, and a decision will be made prior to his court date,” she wrote by email. Arraignment is Sept. 25 at 9:00 a.m.
In response to a question regarding the MCSO policy on arresting anyone who posts online a photo of thenselves holding a gun, Bloom wrote that since juveniles “have greater restrictions on gun usage/ownership under the law, we will always investigate it as it is reported to us by those affected by a threat or perceived threat.”
Bloom said the MCSO
Give4Marion
Continued from page A1
Even before this year’s event officially started at 10 a.m. on Sept. 17, donors were responding to appeals on social media. Many of the organizations got creative with their “pitch,” such as the Silver Springs Professional Dive Team, which went “underwater” to try to raise money to create a state-of-theart diver rescue and diver safety station at the boat dock at Silver Springs State Park.
A big part of the excitement surrounding Give4Marion each year are the Matching Moments, in which sponsors offer significant amounts of money to match donor gifts, sometimes at double or
does not discourage people from posting to social media about guns, but the agency does “enforce Florida law and discourage people from making threatening posts on social media involving firearms. Making a threat or even a perceived threat to children at a school will take top priority. This plague of violence in schools has to be confronted immediately and head-on.”
This incident raises what could be seen as a conflict between the Constitution’s First and Second Amendments. A citizen has a right to free speech, which now includes social media. A citizen also has a right to own a gun, if legal requirements are met.
What if the teen’s online photo showed him holding a loaded rifle while standing over a dead deer, with the same caption: HE’S BAAAACK?” What if someone was frightened by that image and called the police?
Some would say the analogy fails because one instance shows a lawful use of a weapon, while the other is so vague it could mean anything, including a school shooting threat. Others might note that the fact that one photo shows a loaded rifle; the other, a toy gun. The person holding the toy was arrested, the one with a deadly weapon would not be.
An online photo of anyone with a gun can make some people nervous, and parents who have guns in the house must talk to their children about the proper care of these dangerous weapons, including not posting photos of them.
An National Public Radio (NPR) report last year about how social media plays a role in teen gun violence and social media companies’ policies about removing content quoted YouTube spokesperson Jack Malson
triple the original dollar figure. This year, appeal after appeal, many of them noting the times for Matching Moments, rolled across social media in hopes of various organizations capitalizing on the extra funding. There also are Power Hour prizes, with challenges such as most donors, most donations, social media challenges or random drawings.
Give4Marion makes it easy for donors to participate and gifts can range from $10 and up. Of the 5,854 total donations made in 2023, about 48% were for $50 or less. Give4Marion has grown from raising a total of $310,000 for 81 nonprofits in year one, to the 2023 event bringing in $1,427,333 for 103
as saying the company “prohibits content reveling in or mocking the death or serious injury of an identifiable individual.”
Additionally, the report quoted Rachel Hamrick, a spokesperson for Meta— which owns Facebook and Instagram—said the company has spent about $16 billion in the past seven years to protect the safety of people who post on its apps, employing 40,000 people at Facebook who work on safety and security.
“We remove content, disable accounts and work with law enforcement when we believe there is a genuine risk of physical harm or direct threats to public safety,” Hamrick said. “As a company, we have every commercial and moral incentive to try to give the maximum number of people as much of a positive experience as possible on Facebook. That’s why we take steps to keep people safe even if it impacts our bottom line.”
Pete Boogaard, a Snapchat spokesperson, told NPR the company deletes violent content within minutes of being notified. But, Fogg noted, by the time a post is removed, hundreds of people may have seen it.
Such was the case with the Dunnellon teen. Someone saw it, was frightened by it, and reported it to law enforcement, which dutifully investigated.
All of which is reasonable and should be applauded.
However, does the teen deserve the onslaught of public condemnation, and a criminal arrest record, for a boneheaded social media post? Could law enforcement, having determined there was no genuine threat to anyone, and instead have counseled the teen and his family?
In schools and elsewhere, these instances are rightly known as teachable moments.
“The press was to serve the governed, not the governors.”
- U.S. Supreme Court Justice Hugo Black in New York Times Co. v. United States (1971)
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participating nonprofits through the contributions of 3,923 donors.
During this year’s celebration event, the preliminary figures indicated a total of 5,065 donors made 7,421 gifts to 133 nonprofitsand more than doubled last year’s number fundraising. At the time of print it was at $2,952,664- and expected to rise.
The Give4Marion donation portal will remain open for 48 hours after the event ends, through 12 p.m. Sunday, Sept. 22. Final figures will be available after that time.
Ocala Gazette (USPS# 25590) (ISSN 2771-1595) is published weekly by Magnolia Media Company, LLC, 1900 SE 18TH AVE STE 200, OCALA, FL 34471-8235. Periodicals postage paid at Ocala, FL. POSTMASTER: Send address changes to: Ocala Gazette, PO Box 188, Ocala, FL 34478.
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Increased downtown rail traffic
Continued from page A1
Batsel’s presentation to the commission described how the 450,000-square-foot Certified Grocer facility will be used for manufacturing plastic polypropylene, polyethylene pipe and products, which could create up to 300 new jobs by the year 2031.
The site was formerly zoned as Heavy Business, and the special-use permit approval changes the zoning to Heavy Industrial, on the condition that an 8-foot barrier wall be built to reduce noise. ADS will construct 36 silos on the site, each 60 feet tall, for storage, which will be served by expansions made to the existing rail spurs.
The train now runs four to five cars, but ADS anticipates that it could run up to 48 rail cars, based on current market forecast and rail availability. The trains run three to four times a week, typically from the hours of 7 a.m. until 4 p.m. on weekdays. With the additional cars, crossings at a number of major roads will take about three minutes.
No analysis of the potential traffic impacts was conducted, nor any analysis of impact to response times for first responders. The county said it did not feel these analyses necessary, as ADS’ application only showed intent to increase the number of cars on each train, not the amount of trips taken.
Ocala Chief of Staff Christopher Watt expressed concerns on behalf of the city about the potential negative impact that the rail traffic will have on downtown businesses and residents near the rail.
“The disruption caused by these trains affects our residents’ daily lives and impacts our downtown businesses. The increased train traffic associated with the proposed manufacturing facility will lead to more frequent interruption, longer delays and safety hazards for pedestrians, cyclists and motorists while attempting to navigate downtown Ocala,” Watt said.
Discussions of an alternative plan to one day convert the rail corridor into a multiuse trail have been brought up to the city and county for the past few years, and the school board emphasized its support for a project like that, rather than assuring the continued use of the railroad for years to come.
Jon Barber, a real estate broker who is the driving force behind the rail-totrail proposal, has brought up the plan with city, county and state officials to suggest purchasing the railway from CSX Transportation to make the idea a reality.
“Trails in communities across Florida, across the country, across the world, give people an opportunity to travel to places without cars,” Barber said. “Imagine a linear park with a trail connecting Tuscawilla Park to downtown Ocala, past the S-Curve to Brick City Park then on to Forest High School, the Rotary Sports Complex, the Cross Florida Greenway, Baseline Trailhead and Lake Weir High School. That’s a transformational change for our community that cannot happen for the foreseeable future if the county commission approves that application.”
Ted Schatt, an attorney and board member of Ocala Main Street, coordinated with Barber to begin scheduling conversations with city and county officials in May until the competing proposal from ADS halted their progress.
“The question is whether the next 30 years of our history is going to be with rail in this location, or whether we’re going to have an alternative. This is a remnant of our past, and I’m asking you not to make a part of our future,” Schatt said to commissioners before the vote.
In a letter from the Trust for Public Land, written by Southeast Region Conservation Director
Doug Hattaway and addressed to Marion County Transportation Planner Kenneth Odom, TPL expressed its view that an article in the “Gazette” misrepresented the foundation’s stance on the issue.
Mickey Thomason, former manager of the Marjorie Harris Carr Cross Florida Greenway, advised Barber and Schatt on the rail-to-trail proposal. Thomason and Barber told the “Gazette” that they recalled conversations had between CSX and TPL, where CSX expressed open-mindedness toward the idea of selling the rail corridor if there ever came a time where the rail was ever to be decommissioned.
“When you look at the letter from CSX and Florida Northern, those entities have a financial interest in seeing 48 more cars on their line. Of course, they’re going to tell you they have no interest in rail-totrail,” Schatt said.
CSX and the Florida Northern Railroad each individually expressed to the county that there was no intent to decommission or sell the rail, and that the line will continue to serve its customers.
TPL did not take a stance on whether the ADS special use permit should be approved and said that even if it is denied that there would be no discussion of railto-trail as long as the line is active.
“TPL hasn’t a position regarding the request; however, even if the request is denied, the line remains active, still precluding any discussion for a rail trail,” wrote Hattaway. “Perhaps one day in the future, economic conditions will change allowing for rail-trail discussions, but this is not that time for the Ocala line.”
Schatt described any discussions about the viability of the rail-to-trail proposal in connection to the ADS permit as a “red herring,” urging the commission not to approve the competing application and ensure continued rail traffic, taking away the possibility of the line being decommissioned for several decades.
“Talking about the (Trust for Public Land) letter, if you read it, it says as long as there is rail traffic on this line, we can’t touch it. Should there ever be a time where there’s not rail traffic on this line, we will be the first one to the table,” Schatt said.
Mathew Shereen, vice president of operations for Florida Northern Railroad, attended the meeting to answer commissioner’s questions about the status of the line, the standards
of inspection it is subject to, and the changes that would occur with the approval of the ADS permit.
“We have current customers on that rail spur, under 20 current active customers on our Ocala rail line. We have a federal obligation to serve those customers when their traffic is presented to us, and we have a full-time marketing team that is working in conjunction with CSX, in conjunction with our online communities to bring new customers,” said Shereen.
The areas of downtown and midtown are supported by the Downtown Community Redevelopment Agency, a cityrun revitalization effort funded by a budget generated by the increase in property taxes within the areas.
Wendell Landry and Joel Gibson spoke on behalf of their complex, the Forge, a midtown entertainment center in the making that will house five restaurants, six bars, a microbrewery, containers and kiosks. Both expressed concerns about the increased use of the rail that runs right behind the complex.
“If that continues, then with the $8 million that Wendell and I are spending on this project, trying to bring Midtown to some level of influence, it’s really going to be detrimental to us,” Gibson said.
The Ocala Metro Chamber & Economic Partnership, represented by President and CEO Kevin Sheilley, expressed support for the ADS manufacturing and use of the rail.
The CEP’s Board of Directors is made up of a number of officials with involvement in the issue, including Batsel, City Planner Pete Lee, County Administrator Mounir Bouyounes, and MCPS Superintendent Diane Gullett.
When asked how the CEP handles conflicts of interest when deciding whether to support an issue, Sheilley said it will
“work in conjunction with partners both public and private. That does not mean we will always agree.”
“When the CEP board takes a position of support, it follows action directed by the board. In reference to your question regarding ADS, the board’s discussion, and ultimate action in support of the ADS permit, included Mr. Batsel’s declaration of a conflict and Mr. Bouyounes’ abstention from the vote. The consensus discussions by both council and the school board occurred after the CEP had already issued its letter of support,” Sheilley wrote.
He said the CEP focuses on items of agreement for most members rather than items of disagreement for a minority of members.
Additionally, Commissioner Craig Curry’s home and Commission Chair Michelle Stone’s business with her husband, Charlie Stone, Stone Petroleum, both abut the railroad tracks.
“(The Stones’) property will continue to border a rail line in the event they desire to utilize rail service now or in the future,” Schatt said.
Even without the rail-to-trail conversion option, Ocala revitalization advocates and community members still emphasized concerns that without a traffic analysis and other studies conducted, there is no way to know how the increase in rail use will impact the area.
“County staff did not perform or require an evaluation of the impact of the added rail traffic on our arterial roads or emergency response times. My understanding of the statements from the county commission is the county did not feel it could consider the impact of added rail traffic in this process,” Schatt said. “Consequently, we will all discover the extent of those impacts in real time as the rail traffic increases.”
Marion County school buses to be on county’s emergency radio system
“Any issues, any school bus, any time—all they have to do is push a button on the radio and help will be on the way.”
By Caroline Brauchler caroline@ocalagazette.com
School bus drivers for Marion County Public Schools will now be able to contact a 911 dispatcher with the push of a button and have their exact location pinpointed, as the school district will now utilize the county’s emergency radio system.
The move comes as a way to increase security and safety of students, even during transport to and from school. The Marion County Commission and the Marion County School Board came to an interlocal agreement, approved Tuesday, to allow the buses to use the county’s 7/800 MHZ radio communications system, headquartered at the Marion County Public Safety Communications Center.
The school district procured equipment that is compatible with the county’s radio system and that can pinpoint the precise location of a school bus, similar to the equipment that is commonly found on first responder vehicles.
“There’s no worse feeling, honestly, for any of us that are in a vulnerable situation while we’re driving in an isolated area and to feel like you don’t have a way to make contact,” said School Board Chair Nancy Thrower. “It really is a huge enhancement, and we cannot be more grateful.”
The school district will be allowed to connect up to 520 radios to the county’s radio system and operate up to three internal talk channels. Previously, the school district had 62 radios.
“Any issues, any school bus, any time—all they have to do is push a button on the radio and help will be on the way,” said County Administrator Mounir Bouyounes. “It goes directly to public safety communication, and they will discuss the needed help to assist. All of this is to make sure our kids are taken care of.”
The move cost the school board about $131,773 for the 2023-24 school year and will cost about $152,289 for the 2024-25 school year for this radio equipment and system use, in comparison to about $42,381 in the 2022-23 school year.
“It is a very strong frequency, so even though we have buses that are out in Umatilla and the hinterlands out near Palatka, should anything happen, it is one quick deal. Our drivers and aides have been trained on it, and they are incredibly grateful,” Thrower said. The agreement will be in effect for the next three years, with opportunities for renewal after that time period.
“It definitely will decrease response time so we’re all on the same wavelength,” Thrower said.
Pedestrians walk along the tracks of the Florida Northern Railroad by Tuscawilla Park. The rail will be used by Advanced Drainage Systems after the county approved its use of a manufacturing plant and the rail line for distribution. [Jennifer Hunt Murty/Ocala Gazette]
File photo: School buses are shown lined up to pick up students at West Port High School in Ocala on Wednesday, May 10, 2023. [Bruce Ackerman/Ocala Gazette] 2023.
Mounir Bouyounes County Administrator
Snapshot of voters who showed up for the primary elections
Voter demographics from the August 2024 primary elections continue to reflect that Marion County’s largest pool of voters are Republicans over the age of 50. Here is the demographic makeup of those who turned out for primary election:
When it comes to which ages showed up to
Marion Counties oldest population had highest ratio turnout:
How do these compare to registered voters?
Approximately 25% of registered Democrat voters voted in the primary election, compared to 29% of registered Republicans. Of the remaining voters, 10% of them were registered non-partisan and 9 % were registered with parties other than Democrats or Republicans.
Regardless of party, white voters had the greatest showing in Marion County, with 27% casting ballots in the primary. White females made up 27% of those voters, with white males slightly behind at 26%.
Among registered Black voters, 21% voted in the primary. Like their white counterparts, Black females led the way with 23% voting, while 18% of registered Black males voted.
Only 9% of registered Hispanic voters participated in the primary. However, the turnout was almost evenly split between females and males, with 9% of registered Hispanic females and registered males participating.
Voter data source: Marion County Election Supervisor, Wesley Wilcox
Football field at Forest High School to be named after former coach
By Caroline Brauchler caroline@ocalagazette.com
The football field at Forest High School will now be known as “Jim Simmons Field” to commemorate the former coach’s many years of service to the school.
Simmons coached at Forest for 20 years, 14 of which as the head coach and athletic director. The dedication was made possible by the school’s Booster Club, after a private donor contributed funds for a new scoreboard and graphics to honor the former coach.
“This was the greatest professional honor a high school coach can receive,
to have a football field named after him. I appreciate it very much. Thank you to all the followers of Forest High School,” Simmons told the “Gazette.”
Simmons coached Eric Cummings when the current School Board member played football as a student at Forest during the 1980s.
“Coach Simmons and his coaches did a tremendous job of preparing us, and I think it’s a great honor for him to have this field named after him,” Cummings said.
Simmons was named the winningest head coach in the school’s football history, with 100 career wins and only 58 losses. The team won the District Championships in 1974, 1975, 1976,
1977, 1980, 1982, 1985, 1987 and 1992; Regional Championships in 1974, 1975, 1976, 1982, 1985 and 1992; and the State Championships in 1974 and 1975.
Cummings recalled the great success of the team under Simmons’ guidance, saying that most years they were undefeated.
During the 1985-86 school year, Cummings said the team won every game except for a game played against Emmett Smith at Pensacola Escambia High School. The Pensacola team led by Emmett Smith, who went on to star in the NFL and has been inducted into the Pro Football Hall of Fame.
“We were winning until halftime,” Cummings remarked.
Also coached by Simmons was Coach
Tony Cayson, who returned to Ocala to coach football at Forest after several seasons playing baseball for the Seattle Mariners.
The stadium will continue to bear the name of Mike Kelley Stadium, with the school’s newest dedication to Simmons commemorating him on the field.
A ceremony was held on Sept. 13 to officially dedicate the field, with Superintendent Diane Gullett, Cummings, and Secondary Education Executive Director Danielle Brewer in attendance.
“Kudos to him and to everyone who came from under him, because I think most of us are pretty successful based on some of the things that we learned from him on the field,” Cummings said.
Marion County Supervisor of Elections Wesley Wilcox, left, and Cristi Cerra, Candidate Services representative for the Supervisor of Elections office, right, watch 2024 Primary Election results come in at the Marion County Election Center in Ocala on Tuesday, August 20, 2024. [Bruce Ackerman/Ocala Gazette] 2024.
The football field at Forest High School will now bear the name of retired Coach Jim Simmons. [Marion County Public Schools]
EVENT PROCEEDS WILL BENEFIT DOMESTIC VIOLENCE VICTIMS AND SURVIVORS.
The Marion County Children’s Alliance Break the Silence on Violence program will host a 5K race to benefit victims and survivors of domestic violence. It will take place on Oct. 5, the first Saturday of National Domestic Violence Awareness Month.
Prospective runners and walkers are encouraged to come out and enjoy some possibly cooler morning temps while benefiting a good cause.
The first 250 participants to finish will receive a medal, with special recognition for the first-place finishers in men’s and women’s’ groups. The top three finishers in each age group
will also receive special recognition.
Whether you plan to run, walk, or do a little bit of both, participants of all skill levels and experience are welcome.
Racers will begin at the Dassance Fine Arts Center at the College of Central Florida, and the race, about 3.1 miles or exactly 5 kilometers, will take place around the campus.
Registration and packet pickup will begin at 7 a.m., with the race scheduled to begin at 8 a.m.
The price to register begins at $30 for adults and $10 for kids, until Sept. 25; $35 through Oct. 4; $40 day of event.
Visit bit.ly/WearYourWings2024 to sign up.
State Court to weigh Florida gun age law
By Jim Saunders Florida News Service
Afederal appeals court next month will hear arguments in the National Rifle Association’s constitutional challenge to a Florida law that prevents people under age 21 from purchasing rifles and other long guns.
The 11th U.S. Circuit Court
of Appeals last week scheduled an Oct. 22 hearing in Atlanta, as it considers a law that passed in the aftermath of the February 2018 mass shooting at Parkland’s Marjory Stoneman Douglas High School that killed 17 people.
A federal district judge and a three-judge panel of the appeals court upheld the age restriction, but the full appeals court last year decided to take up the case in what is known as an “en
‘LEGISLATIVE PRIVILEGE’ BRIEFS ORDERED
By Florida News Service
Aday after a three-judge panel heard arguments, the 1st District Court of Appeal on Wednesday ordered attorneys to file additional briefs in a potentially far-reaching case about whether state lawmakers should be shielded from testifying in lawsuits.
Attorneys for current and former House and Senate members contend that a concept known as “legislative privilege” should prevent lawmakers from having to give depositions in civil cases. The dispute stems from a lawsuit that voting-rights groups filed in 2022 challenging the constitutionality of a congressional redistricting plan.
As part of the lawsuit, attorneys for the groups sought to depose six current and former lawmakers and five current and former legislative staff members.
banc” hearing. As the Florida lawsuit has played out, the U.S. Supreme Court has issued closely watched opinions in other gun-related cases. That has resulted in attorneys for Florida and the NRA debating how the Supreme Court opinions should apply to the dispute about the constitutionality of the age restriction.
The NRA argued in a July
The Legislature fought the depositions, but Circuit Judge J. Lee Marsh in October 2022 said he would allow the lawmakers and staff members to be questioned, with some limits.
The voting-rights groups, however, later dropped the idea of taking the depositions, and the underlying challenge to the redistricting plan has moved on to the Florida Supreme Court.
During a hearing Tuesday, an attorney for the voting-rights groups said the legislative privilege dispute is moot.
But attorneys for the lawmakers want the appeals court to issue a ruling, with the ultimate goal of taking the legislative privilege issue to the Supreme Court.
In a two-page order Wednesday, the appeals court directed attorneys to file “supplemental” briefs within 10 days addressing a series of legal issues.
31 brief that the Florida law did not align with a 2022 Supreme Court opinion in a case known as New York State Rifle & Pistol Association v. Bruen, which said gun laws must be “consistent with this nation’s historical tradition of firearm regulation.”
“This law is unconstitutional. The Second Amendment’s text protects young adults’ right to purchase a firearm, and the state has not proven that the ban is consistent with our nation’s historical tradition of firearm regulation. The young adult ban cannot stand,” John Parker Sweeney, an attorney with the Washington, D.C.-based Bradley Arant Boult Cummings LLP firm, wrote in the brief.
But in an Aug. 30 brief, the state’s attorneys contended that the law “fits neatly within” the nation’s “historical tradition.” While the law bars people under 21 from buying rifles and other long guns, they are able to get the guns, for example, as gifts from relatives.
“Florida’s law restricting the purchase, but not possession or use, of firearms by those under 21 is consistent with the principles that underpin our regulatory tradition. At the (nation’s) founding, individuals under 21 were considered lacking in the requisite judgment and reason to enter into contracts, which at the time were necessary to purchase
NOTICE
firearms because such goods were bought on credit in early America’s agrarian economy. States recognized this commonlaw limitation when enacting their militia laws,” the state’s brief said.
The Republican-controlled Legislature and then-Gov. Rick Scott rushed to include the age restriction in a school-safety bill after Nikolas Cruz, who was 19 at the time, used a semiautomatic rifle in the Marjory Stoneman Douglas mass shooting. Federal law already prevented people under 21 from buying handguns.
The NRA quickly filed the lawsuit, alleging that the Florida age restriction violated Second Amendment rights.
While the full appeals court decided last year to take up the issue, the case was put on hold until after the Supreme Court issued a decision in a Texas gun case. The Supreme Court’s 8-1 decision in June in the Texas case backed a ban on gun possession by people under domestic-violence restraining orders and was a victory for the federal government and guncontrol supporters.
Amid the Florida lawsuit, the state House in 2023 and 2024 approved bills to lower the minimum age from 21 to 18 to buy rifles and other long guns. The Senate, however, did not pass the measures, keeping the 2018 law in effect.
Notice is hereby given, pursuant to applicable Florida Statutes including Chapters 194, 196 and 286, that the 2024 Value Adjustment Board in and for Marion County, Florida, or its designated Special Magistrate(s), will meet beginning at 9:00 a.m. on Wednesday, OCTOBER 16, 2024 and continuing as necessary on: Wednesday, November 13; Thursday, November 14; Tuesday, December 10; Wednesday, December 11; and Thursday, December 12, 2024 and Wednesday, January 15; Thursday, January 16; Friday, January 17; Monday, January 27; Tuesday, January 28; Wednesday, January 29; Thursday, January 30; Friday, January 31; Monday, February 10; Tuesday, February 11; Wednesday, February 12; Thursday, February 13; and Friday, February 14, 2025, until such time as all matters and petitions properly before the Value Adjustment Board have been given an opportunity to be heard. The Value Adjustment Board, or its designated Special Magistrate(s), will meet in the Board of County Commissioners Auditorium at 601 SE 25th Avenue, Ocala, Florida, Marion County Governmental Complex, to hear petitions regarding valuation and exemptions from taxation. For the scheduling of individual cases, one may contact the Marion County Clerk’s Office, Commission Records Division, at (352) 671-5622.
Notice is hereby given that a list of all petitions for portability of homestead exemption, exemptions for homestead, widows, widowers, disability, blind, government organizations, religious, literary, educational literary, educational, scientific and charitable organizations, veterans and first responders who have had their application for exemption wholly or partially approved or denied is maintained by the Property Appraiser in and for Marion County, Florida, and available to the public for inspection at 501 SE 25th Avenue, Ocala, Florida, during the hours of 8:00 a.m. to 4:00 p.m., Monday through Friday.
Please note that if a petitioner decides to appeal a decision made with respect to any matter considered at the above advertised hearing(s), the petitioner will need a record of the proceedings, and for such purpose, the petitioner may need to ensure that a verbatim record of the proceedings was made, which record includes the testimony and evidence upon which the appeal was to be based. The exemption procedures of the Value Adjustment Board are provided in Chapter 194, Florida Statutes, and records of the Value Adjustment Board and its hearing(s) showing the names of persons and organizations granted exemptions, the street address or other designation of location of the exempted property, and the extent of the exemptions granted are public record.
The County Commission Auditorium is a handicapped accessible facility. If any accommodations are needed for persons with disabilities, please contact the Marion County Public Affairs Office at (352)438-2300/438-2304 (fax), a minimum of 24 hours prior to the hearing. Please be governed accordingly.
The 11th U.S.
State fights challenge to stripper age law
By Jim Saunder Florida News Service
Pointing to efforts to curb human trafficking, Attorney General Ashley Moody’s office Friday urged a federal judge to toss out a constitutional challenge to a new Florida law that prevents strippers under age 21 from performing in adultentertainment establishments.
Lawyers in Moody’s office filed a 35page motion to dismiss a lawsuit filed in July by operators of two nude-dancing establishments, a dancer and a retail store that sells adult-oriented items. The lawsuit primarily alleges that the ban on workers under 21 violates First Amendment rights.
But the state’s motion Friday disputed the arguments, saying, in part, that the law (HB 7063) “is narrowly drawn to further the state’s legitimate interest of protecting this vulnerable age group from human trafficking.”
“The statute furthers an important or substantial governmental interest unrelated to the suppression of free expression,” the motion said. “The statute is part of a larger bill designed to combat human trafficking. The statute prevents persons aged 18 to 20 from working in these establishments because this age group is vulnerable to the exploitation of human trafficking. It
does not prevent adult entertainment establishments from hiring nude dancers, employees, and contractors altogether.”
But the lawsuit said the Legislature did not “consider any alternative forms of regulation which would burden First Amendment rights less severely; that is, the Legislature made no effort to solicit information in support of a more narrowly tailored law.” Also, it said the state had not shown a connection between human trafficking and adultentertainment establishments.
“HB 7063 does not actually target human trafficking or the individuals responsible for those criminal acts,” the lawsuit said. “Instead, it regulates only the potential (if unlikely) victims of trafficking and only the subset of potential victims who are actively engaged in speech activities. The state considered no evidence or studies supporting the notion that human trafficking is associated with adult entertainment establishments or that trafficking is more common in such establishments; or, to the extent that such information was considered, it consisted of shoddy data which is insufficient to support the asserted government interest.”
The lawsuit was filed by operators of Cafe Risque, a nude-dancing establishment in Alachua County; operators of Sinsations, a nude-dancing
establishment in Jacksonville; Serenity Michelle Bushey, who performed at Cafe Risque but is barred by the law from working there because she is under 21; and Exotic Fantasies, Inc., which operates a retail store in Jacksonville.
While most of the attention about the law has focused on strippers, it also prevents adult-entertainment establishments from employing other workers under age 21. That includes workers at retailers such as Exotic Fantasies, which does not have dancers.
“HB 7063 prohibits Café Risque, Sinsations and Erotic Fantasies from contracting with and employing individuals of their choosing to assist in the production, promotion and dissemination of their First Amendment protected communications,” said the lawsuit, filed by Gary Edinger, a longtime First Amendment attorney in Gainesville. “All of the plaintiffs’ speech rights have been chilled now, and in the future, as they risk prosecution and the loss of their livelihoods, if they continue to engage in the kind of speech to which the state of Florida objects; to-wit: exotic dance performances and the sale of adult retail goods.”
The Legislature passed the law in March, and Gov. Ron DeSantis signed it in May. The law, which took effect July 1,
THIBAULT TO STEP DOWN AT ORLANDO AIRPORT
By Florida News Service
Kevin Thibault, a former secretary of the Florida Department of Transportation, will step down as chief executive officer of the Greater Orlando Aviation Authority in January, the authority announced Wednesday.
Thibault cited family health reasons as he submitted his resignation after more than two years in the airport post.
“As a transportation professional, to serve as a state transportation secretary and now as the chief executive officer of the seventh-largest airport in the United States has truly been the epitome of a
professional career well served,” Thibault said in a resignation letter to authority
Chairman Tim Weisheyer.
“When you look back at what has been accomplished in the past two years, I am confident that this airport is positioned for continued greatness in the years to come.”
includes second-degree felony charges for people who employ or allow dancers under 21 to perform nude in the establishments.
“While plaintiffs Café Risque and Sinsations will no longer be permitted to promote and produce entertainers between the ages of 18 to 20, these businesses are still permitted to promote and produce entertainers,” the state’s motion Friday said. “Removing 18-to20 year-olds from their lineup serves a substantial governmental interest which is not substantially broader than necessary, while allowing for reasonable alternative avenues of expressive conduct. Bushey also has reasonable alternative avenues of communication at other establishments that are not adult entertainment establishments, such as bikini bars which are not included in the definition of adult entertainment establishments.”
The lawsuit names as defendants Moody, State Attorney Brian Kramer, who prosecutes cases in Alachua County, and State Attorney Melissa Nelson, who prosecutes cases in Jacksonville. In addition to disputing the First Amendment arguments, Moody’s motion Friday also argued that she is not a proper defendant because she does not have enforcement authority over the law.
The case is assigned to U.S. District Judge Allen Winsor.
Thibault served three years as secretary of the Department of Transportation before being tapped for the airport job.
His resignation is effective Jan. 31, according to information posted on the Orlando International Airport website.
University of Florida Health provides some of the most advanced and nationally recognized quality care for you and your family. So, as open enrollment approaches, check with your health plan to ensure UF Health physicians, hospitals, and services are included on their provider list.
Having UF Health in your plan provides you and your family with access to 12 hospitals, more than 115 physician practice locations, six distinguished health colleges, and 10 major research institutes. As an academic health center, you benefit from leading-edge research advances that translate to better treatments — with over 4,000 clinical trials initiated in the last four years, more than any other hospital or health system in Florida. And we’re focused on caring for everyone in our communities, including those with limited or no insurance, while striving to solve the most complex problems in health care.
DeSantis vows state probe of assassination attempt
By Jim Turner Florida News Service
Gov. Ron DeSantis said Monday the state needs to investigate the apparent attempted assassination of former President Donald Trump this weekend in Palm Beach County, alongside a federal probe.
Without giving specifics, DeSantis said the incident Sunday at Trump International Golf Course in West Palm Beach appears to include multiple violations of state law.
“We also believe that there’s a need to make sure that the truth about all this comes out in a way, you know, that’s credible,” DeSantis said Monday during an appearance at Lawton Chiles Elementary School in Orlando.
“I mean, I look at the federal government with all due respect to them, you know, those same agencies that are prosecuting Trump in that jurisdiction are now going to be investigating this,” DeSantis added. “I just think that that may not be the best thing for this country. Nevertheless, they have their prerogative, but we have our prerogative.”
Federal prosecutors have accused Trump of trying to interfere with the 2020 election results after he lost to President Joe Biden. He also was charged separately with mishandling classified documents at his Palm Beach home. A federal district judge dismissed the classified-documents case, but the ruling has been appealed.
In Sunday’s incident, Ryan Wesley Routh, 58, is accused of pushing the muzzle of a rifle through fencing at the golf course. He was spotted and fired upon by a U.S. Secret Service agent and was later captured after driving away.
The FBI also is investigating an assassination attempt against Trump in July in Butler, Pa. Routh was charged in federal court with possessing a firearm despite being a convicted felon and possessing a firearm with an obliterated serial number. Additional charges are expected as the investigation continues.
Outside the White House on Monday, Biden told reporters that Congress needs to provide more personnel to the Secret Service.
“Thank God the president is OK,” Biden told reporters. “One thing I want to make clear: the service needs more help. And I think Congress should respond to their needs.”
DeSantis first announced a state investigation Sunday night, posting on the social-media platform X that, “the people deserve the truth about the would be assassin and how he was able to get within 500 yards of the former president and current GOP nominee.”
In a statement issued Sunday by the Secret Service, Rafael Barros, special agent in charge of the Miami Field Office, thanked “all of our law enforcement partners, including the Palm Beach County Sheriff’s Office and the Martin County Sheriff’s Office, for their involvement today.”
“Former President Donald Trump is safe and unharmed following a possible attempted assassination shortly before 2 p.m. Sunday at Trump International Golf Club at West Palm Beach,” Barros said in the statement. “U.S. Secret Service personnel opened fire on a gunman located near the property line. The FBI has assumed its role as the lead agency investigating this matter.”
School books settlement reached
By Jim Saunder Florida News Service
Authors of the children’s book “And Tango Makes Three” and parents of students have reached a settlement with the Nassau County school district that will lead to 36 books returning to school libraries after being removed last year, according to court documents filed this week.
The settlement came in a federal lawsuit filed in May amid widespread controversy about removing books from school libraries in Florida and other states. Two federal lawsuits are pending, for example, about the Escambia County School Board’s removal of books.
“And Tango Makes Three,” which tells the story of two male penguins who raised a penguin chick at New York’s Central Park Zoo, has become a prominent part of the debate in Florida. Lawsuits allege it has been targeted for depicting same-sex parents raising a child.
Nassau County officials said they removed “And Tango Makes Three” and two other books last year because of a lack of circulation, according to the settlement. District officials said they removed 33 other books because of alleged “obscene” material that would violate state law.
But the lawsuit contended “And Tango Makes Three” was removed because of anti-LGBTQ bias, and the settlement includes
a statement that district officials “agree that And Tango Makes Three contains no ‘obscene’ material in violation of the obscenity statute, is appropriate for students of all ages, and has pedagogical value.”
The settlement lists 22 other books that are slated to be returned to libraries by Friday. Examples include “The Bluest Eye” by Toni Morrison and “The Clan of the Cave Bear” by Jean Auel.
Also, the settlement calls for the book “The Perks of Being a Wallflower,” by Stephen Chbosky to be made available to students in grades 9 through 12.
In addition, 12 books will be made available to students ages 18 or older or who have parental consent. Examples are
“Extremely Loud and Incredibly Close” by Jonathan Safran Foer and “The Kite Runner” by Khaled Hosseini. The settlement also calls for the district to form a review committee to consider the 12 books.
The law firm Selendy Gay PLLC, which represents “And Tango Makes Three” authors Peter Parnell and Justin Richardson and the parents, issued a news release Thursday that described the settlement as “major.”
“This settlement—a watershed moment in the ongoing battle against book censorship in the United States—significantly restores access to important works that were unlawfully removed from the shelves of Nassau County, Florida’s
public school libraries,” Lauren Zimmerman, one of the firm’s attorneys, said in a prepared statement. “Students will once again have access to books from well-known and highly-lauded authors representing a broad range of viewpoints and ideas.” Parnell and Richardson also are plaintiffs in a lawsuit against the Escambia County school district over the removal of “And Tango Makes Three.” That case, however, does not appear near settlement.
U.S. District Judge Allen Winsor issued an order last week saying mediation was not necessary after the two sides filed a joint document saying the “distance between the parties’ acceptable resolutions of this case renders mediation futile.”
Carol Keeney, 88, of Ocala Florida, died September 1, 2024 at Cates House. Carol, a retired RN, spent her life caring for her family, her patients, and her dogs. She enjoyed painting, creating beautiful quilts, and loving her English bulldogs. She leaves behind to cherish her memory, her daughter Belea T. Keeney; her son Jerome Taylor Keeney III and daughter-in-law Margit Sylvester; and her granddaughter Jordan Elizabeth Polk. She was preceded in death by her husband Jerome Taylor Keeney Jr. The family requests donations be made to Hospice of Marion County and mailed to Cates House, 9505 SW 110th St., Ocala, FL 34481. A private memorial service will be held in St. Petersburg, FL in October.
Carol Keeney
File photo: Florida Governor Ron DeSantis speaks during President Donald J. Trump’s campaign rally at Ocala International Airport in Ocala on Friday, Oct. 16, 2020. [Bruce Ackerman/Ocala Gazette] 2020.
Backroom briefing: Identity theft? Or distraction?
By Jim Turner Florida News Service
lorida Secretary of State Cord Byrd offered a little more detail Wednesday after Gov. Ron DeSantis said the state was looking into possible fraud in petitions gathered to place a proposed abortionrights constitutional amendment on the November ballot.
Appearing before the U.S. House Administration Committee, Byrd said investigators from the state’s Office of Election Crimes and Security are looking at allegations of identity theft involving petition signatures.
“There are organizations and businesses that send people from out of state into the state, pay them to gather signatures,” Byrd said during a hearing in Washington, D.C. titled “American Confidence in Elections: Looking Ahead to the 2024 General Election.”
“We have victims of felony identity theft,” Byrd said. “They have come and reported that to us. That their identity has been stolen, their signature has been placed on a signature petition. We have
a duty and obligation to investigate and provide relief to those victims.”
On Monday, DeSantis defended investigators questioning people who signed petitions for the proposed amendment, which if approved by voters would enshrine abortion rights in the state Constitution. DeSantis is helping lead efforts to try to defeat the proposal, which will appear on the ballot as Amendment 4.
“It may be that the signature is totally different, and that voter will say, ‘No, I actually did do that,’” DeSantis said.
“Maybe they signed their name. That is absolutely possible. And if that’s what you say, I think that’s probably the end of it.”
In a conference call with reporters on Wednesday, Lauren Brenzel, campaign director for the Yes on 4 campaign, called the signature investigation a “distraction,” noting the petitions were verified by elections officials after being submitted.
HARDING’S NEW PERSPECTIVE
Former state Rep. Joe Harding expressed a new outlook on law enforcement as he posted online about the detention and handcuffing of Miami Dolphins star Tyreek Hill shortly before the team’s home opener on Sunday.
Harding, R-Ocala, said in a post Tuesday on X that the encounter Hill had with law enforcement “is not uncommon for a Black man.”
“My entire life I have been someone
that has always respected and defended law enforcement,” Harding wrote. “Then my life changed. I came in contact with law enforcement. I saw what it was like to be intimidated and manipulated. I spent 3 months in Federal Prison, had many long conversations with men who had very different life stories than me.”
“White people generally are conditioned and exposed to law enforcement on their own time and not during crisis,” Harding, who is white, continued. “Minorities, specifically black males, are exposed to law enforcement at a young age because of those around them having encounters with law enforcement and they have seen the ugly and corrupt side and know what it is like to look a crooked cop in the eye. Those same kids grow up to not trust law enforcement and I don’t blame them at all.”
In 2023, Harding pleaded guilty to charges of wire fraud, money laundering and making false statements related to a scheme to obtain pandemic-related business loans.
Hill’s traffic-related arrest has drawn heavy national attention. Police suspended one officer, called for an internal investigation and released nearly two hours of body-camera footage.
A state law that went into effect on July 1 (HB 601) prevents investigations of local law-enforcement officers by civilian review boards.
A police union criticized Hill as “uncooperative.”
DeSantis, who attended Sunday’s game, called an investigation “appropriate” when asked about the arrest Monday while in Miami.
“But I think that I have confidence in agencies throughout this state that they want to uphold the highest standards of professionalism. And if for some reason that wasn’t followed here, I know that they will make that clear, but I’ll let that investigation take place,” DeSantis said.
BIPARTISAN WARNINGS
Florida Attorney General Ashley Moody joined colleagues from both parties to call on Congress to require surgeon-general warning labels on social media apps to curtail a mental-health crisis among young adults.
Moody was among 42 state attorneys general arguing that more needs to be done to address the issue. Many states have taken steps, including passage this year of a Florida law aimed at keeping children off social-media platforms. That law will take effect Jan. 1.
“This (surgeon general) warning would not only highlight the inherent risks that social media platforms presently pose for young people, but also complement other efforts to spur attention, research and investment into the oversight of social media platforms,” Moody said in a prepared statement.
In a letter to Congress, the attorneys general noted “we sometimes disagree about important issues,” before adding concerns about health and safety impacts on youths from “algorithm-driven social media platforms.”
In June, Surgeon General Vivek Murthy wrote an op-ed that made a direct comparison between apps of TikTok, Instagram, Facebook, Snapchat and others to cancer-causing cigarettes.
Technology industry groups have argued that parts of the new Florida law (HB 3), including age-verification requirements, will violate First Amendment rights.
SOCIAL MEDIA POST OF THE WEEK:
“Thought of the Day: Many in America are told and believe that when kids get killed in school it’s a ‘fact of life,’ but are also told and believe that a rumor about a Haitian eating a duck is DEFCON 1.” --- U.S. Rep. Jared Moskowitz, D-Fla. (@ JaredEMoskowitz).
Secretary of State Cord Byrd testified this week before a congressional committee about elections issues. [Colin Hackley/File]
Florida cites ‘consequences’ of wetlands ruling
By Jim Saunders Florida News Service
Florida this week argued a federal appeals court should overturn a ruling about permitting for projects that affect wetlands, contending that “disastrous consequences flow” from the ruling.
Attorneys for the state late Monday filed a 74page brief at the U.S. Circuit Court of Appeals for the District of Columbia in the battle about a 2020 decision by the U.S. Environmental Protection Agency to shift permitting authority to the state.
Siding with environmental groups that filed a legal challenge, U.S. District Judge Randolph Moss in February vacated the 2020 decision. Moss ruled that actions by the EPA and the U.S. Fish and Wildlife Service in approving the shift violated the federal Endangered Species Act.
The ruling returned the permitting authority to the U.S. Army Corps of Engineers, which had it before the shift. But the state’s brief late Monday, in addition to disputing Moss’ legal conclusions, warned of “disastrous consequences” for permitting under what is known as Section 404 of the federal Clean Water Act.
“The Corps’ resources dedicated to processing permits in Florida do not compare to those Florida has dedicated to its program,” the brief said. “All the while, the staffing and infrastructure set up for Florida’s program—and the regulated community— suffer the consequences of the district court’s ruling, as delays have now pervaded Section 404 permitting in the state.”
The EPA approved the transfer of the permitting authority in December 2020, about a month before former President Donald Trump’s administration ended. The move made Florida only the third state, after Michigan and New Jersey, to receive the authority, which involves dredge-and-fill permits.
The legal organization Earthjustice filed a lawsuit in 2021 against the federal government on behalf of the Center for Biological Diversity, Defenders of Wildlife, the Sierra Club, the Conservancy of Southwest Florida, the Florida Wildlife Federation, Miami Waterkeeper and St. Johns Riverkeeper. The state later intervened to defend the transfer.
Moss’ February ruling focused, in part, on whether the Fish and Wildlife Service properly prepared a biological opinion and what is known as an “incidental take statement” as part of the process of approving the transfer. Incidental takes are situations in which threatened or endangered species could be killed or harmed as a result of what are allowed activities.
Moss said a biological opinion and incidental take statement did not comply with the Endangered Species Act and another law known as the Administrative Procedure Act. He wrote that because the biological opinion and incidental take statement that the Fish and Wildlife Service “issued in this case were facially and legally flawed, the EPA unreasonably relied on those documents in approving Florida’s assumption application.”
But the state’s brief and a separate brief filed Monday by federal-government attorneys disputed Moss’ conclusions. Among other things, they pointed to a “technical assistance” process that involves the state sending permit applications to the Fish and Wildlife Service for review and potential conditions.
The state’s brief said that in the three years after the permitting shift was approved, “Florida processed thousands of permit applications, issued over 700 individual permits, and denied over 300 applications, all under continuous, permit-by-permit federal oversight. Florida also routinely revised
permits and accepted Fish & Wildlife’s proposed mitigation recommendations, consistent with the technical-assistance process.”
Also, the state argued that Moss’ ruling improperly required an “upfront accounting of all species- and site-specific effects and numerical take limits—something Fish & Wildlife determined was scientifically impossible for Section 404 program approval and the unknowable permitting decisions it triggers.”
The federal government’s brief Monday largely agreed with the state’s arguments that Moss’ ruling should be overturned. But it said federal officials conceded that the EPA had erred by failing to consult with another agency, the National Marine Fisheries Service, before approving the permitting shift.
The state disagreed, saying Moss “erred by second-guessing EPA’s findings on marine species.”
The federal-government attorneys said the case should be sent back to Moss—and the Corps of Engineers should continue handling permitting until the issue about the National Marine Fisheries Service is resolved.
“In this circumstance, where plaintiffs’ success on their full complement of claims remains uncertain, but the disruptive consequences of … (permitting) jurisdictional ping-pong are clear, the appropriate course is for the district court’s vacatur of EPA’s assumption to remain in place for the limited duration of district court proceedings on remand,” the federal brief said.
Attorneys for the environmental groups face a Nov. 1 deadline for filing a response to the state and federal briefs.
The state’s efforts to defend the transfer have been backed by groups such as the Florida Chamber of Commerce, Associated Industries of Florida and the Association of Florida Community Developers. In a February court filing, the state said Moss’ ruling could affect permit applications for a wide range of projects, including roads, housing and construction of hospitals and schools.
Christine Barber 6643 Cornwall Street Coeur d'Alene, Idaho 83815
File photo
Anonymity denied in university harassment case
By Jim Saunders Florida News Service
Afederal appeals court Wednesday said a former Florida Gulf Coast University student cannot remain anonymous in a lawsuit he filed against the school after being disciplined for sexual harassment.
The former student filed the lawsuit against the university as “John Doe” and argued that an investigation into allegations that he had non-consensual sex with another student was a “sham” and that he was a victim of discrimination, according to arguments filed by his attorneys at the 11th U.S. Circuit Court of Appeals.
U.S. District Judge Sheri Polster Chappell last year ruled that the former student could not pursue the lawsuit anonymously, and a three-judge panel of the Atlanta-based appeals court agreed Wednesday. The panel rejected a series of arguments, including that requiring the former student to use his name in the lawsuit would result in “social stigma.”
“Doe also hasn’t demonstrated the district court abused its discretion when it found that any alleged social stigma Doe will face didn’t outweigh the presumption that his proceeding should be a public one,” said Wednesday’s ruling shared by Judges Robert Luck, Andrew Brasher and Nancy Abudu. “Put simply, he does not cite any evidence of these harms, and instead only asserts in briefing that they are (nearly certain) to occur.”
The ruling added that “the district courts in our circuit are more than capable of balancing plaintiffs’ privacy interests against the constitutional right to access judicial proceedings and exercising their broad discretion to grant anonymity in appropriate cases.”
The lawsuit stems from allegations that the former student had non-consensual sex with another student, identified in court documents as Jane Roe, in October 2019. Roe, who had previously dated the male student, alleged that he had sex with her when she was too intoxicated to consent.
In August 2020, the university notified the male student that Roe had filed a complaint against him. Florida Gulf Coast investigated and “determined Doe was responsible for sexual harassment in the form of nonconsensual sexual activity,” Chappell wrote in last year’s decision on the anonymity issue. He received an eight-month disciplinary probation and a four-month suspension from school.
The former student filed a lawsuit alleging, in part, that Florida Gulf Coast violated a federal law known as Title IX because he was a victim of discrimination based on sex, according to court documents.
“Specifically, Doe alleges that appellee’s (the university’s) investigation was a sham and that appellee automatically sided with Jane Roe, and against him, due to gender discrimination,” the former student’s attorneys wrote in arguments at the appeals court.
Chappell last year dismissed the underlying lawsuit but said the former student’s attorneys could file a revised version. She earlier had ruled that he could not pursue the case anonymously and said any revised lawsuit would have to include his name. The districtcourt case has been on hold amid the appeal on the anonymity issue.
“At bottom, weighing the risk that requiring Doe to proceed with his suit without anonymity would require him to disclose ‘information of the utmost intimacy’ against the presumption of openness, anonymity must be denied,” the district judge wrote. “This just is not one of those ‘exceptional cases’ that warrant such treatment.”
DOZIER COMPENSATION MOVES FORWARD
Victims of abuse decades ago at state-run reform schools will be able to begin applying next week for a share of $20 million in compensation, according to Attorney General Ashley Moody’s office.
Lawmakers this year passed a measure to create the compensation program, with Moody’s office responsible for the application process.
The program is designed to provide reparations for brutality that children and adolescents endured at the notorious Arthur G. Dozier School for Boys in Marianna and the Okeechobee School in South Florida.
The application will be available to download on Sept. 23, Kylie Mason, a spokeswoman for Moody, said in an email Monday.
The program will compensate people who were at the reform schools between 1940 and 1975 and “who were subjected to mental, physical or sexual abuse perpetrated by school personnel.” Moody’s office was required to set up a process to “accept, review, and approve or deny applications for the payment of compensation.”
The money will be divided evenly between eligible applicants.
A three-page draft of the application released last month included checkboxes indicating the type of abuse suffered—such as physical abuse, mental abuse, sexual abuse and corporal punishment—as well as a blank space to provide a “brief description of the physical,
CITIZENS POLICY COUNT
The state’s Citizens Property Insurance Corp. added nearly 2,000 policies last week, continuing a gradual increase during hurricane season.
Citizens had 1,254,588 policies as of Friday, up from 1,252,608 policies a week earlier and 1,250,454 policies
INCHES UP
two weeks earlier, according to data posted on its website.
Citizens was created as an insurer of last resort, but it has become the state’s largest insurer in recent years amid financial problems in the private market.
Citizens leaders have said they
mental, or sexual abuse you were forced to endure while confined” at the schools.
That mirrors part of the new law that created the compensation program and outlined eligibility for compensation.
Applicants also have to provide records proving they attended the schools during the relevant years, and the applications must be notarized.
The law gave people until Dec. 31 to apply.
The money must be distributed by the end of June, Joe Spataro, an associate deputy attorney general, said during a rulemaking hearing in August. Applications will be available at Moody’s website, myfloridalegal.com/DozierSchool.
expect the policy count to dip below 1 million by the end of the year because of what is known as a “depopulation” program designed to shift policies into the private market.
But as hurricane season continues, such shifts are not expected to start until October.
WORKERS’ COMP APPEAL TURNED DOWN
An appeals court Monday rejected arguments by workers’ compensation insurance companies in a long-running dispute about a state rule setting payment amounts for inpatient care at hospitals.
Without explanation, a threejudge panel of the 1st District Court of Appeal upheld a March 2023 order by Administrative Law Judge Darren Schwartz. Normandy Insurance Co., Zenith Insurance Co., Bridgefield Employers Insurance Co., Bridgefield Casualty Insurance Co., BusinessFirst Insurance Co. and
RetailFirst Insurance Co. appealed Schwartz’s decision, while the Florida Department of Financial Services, hospitals and hospitalindustry groups argued that it should be upheld.
The case centered, at least in part, on what are known as “maximum reimbursement allowances,” or MRAs, that help determine how much workers’ compensation insurers pay to hospitals for inpatient care.
The Department of Financial Services’ Division of Workers’ Compensation in 2022 approved a plan that would lead to insurers
paying $7,000 a day for inpatients who do not need surgery or intensive care; $11,000 a day for patients who need surgery; and $13,000 a day for intensive-care unit treatment. Among other things, the insurers argued that the plan was “arbitrary and capricious,” but Schwartz wrote that it was “supported by logic, the necessary facts, was adopted with thought and reason and is rational. … The Division (of Workers’ Compensation) conducted a thorough analysis of a variety of proposed MRAs and engaged in extensive negotiations and meetings with the carriers and hospitals.”
What the ongoing worker shortage looks like in Florida
By Stacker Studio
By now, the headlines are likely familiar: The “most unusual job market in modern American history.” The “Great American Labor Shortage.” The massive disruption to the job market wrought by the COVID-19 pandemic, when by the latter half of 2021 almost half of American companies were reporting a worker shortage, impacted every corner of the nation. Since then, however, the job market has shifted back to more typical levels of employment, giving many Americans a renewed sense of normalcy.
But some industries and parts of the country are still hurting for workers—a trend with ongoing ramifications for consumers and workers alike.
JobTest.org analyzed Bureau of Labor Statistics data compiled by the Chamber of Commerce to illustrate the current state of Florida’s ongoing labor shortage based on a national analysis. The analysis uses the most recent data available at the national and state levels, from July and June 2024 respectively.
According to government jobs data, there were 8.2 million open jobs in the U.S. in July and only 7.1 million unemployed workers. Even if every unemployed worker had a job, the nation would still have millions of unfilled positions.
A shortage of workers can be a double-edged sword for consumers. When there are jobs available, it can give workers some leverage to negotiate higher wages. But a worker shortage can also cause companies to raise the price of the goods and services they offer to cover wage increases to attract more job candidates. In the case of industries like health care or public education, difficulty finding skilled professionals to fill open positions can also make it harder for institutions to provide necessary services to the communities they serve.
Not every unemployed worker is suited for the jobs available, however. As seen in recent years, workers in some metro areas have seen their cost of living rise
so dramatically that the jobs offered in industries for which they may be qualified—such as hospitality, food service, and retail—are no longer appealing or even feasible to cover basic expenses like housing, food, and transportation.
With job openings clustered in specific areas, location also influences companies’ ability to find qualified workers that fit open positions. Only three states—Washington, Nevada, and California—had more unemployed workers than job openings.
Over the last few years, as job openings far exceeded the unemployed population, reports have suggested that labor shortages could be due in part to discrepancies between workers and employers, with mismatched expectations on wages being among the most prominent. In response, employers have raised pay in certain industries like hospitality to attract viable candidates.
Take a look at how your state stacks up below.
June Florida employment at a glance
- There were 72 workers for every 100 jobs available in the state.
- Companies in the state had 140,000 fewer workers compared to what would be needed for full employment.
- The unemployment rate for the state was 3.3%.
Top 10 states where jobs outpace available workers
10. Montana: 52 workers per 100 jobs.
9. Wyoming: 50 per 100 jobs.
8. Maine: 50 per 100 jobs.
7. New Hampshire: 49 per 100 jobs.
6. Mississippi: 49 per 100 jobs.
5. Virginia: 48 per 100 jobs.
4. Maryland: 48 per 100 jobs.
3. Vermont: 44 per 100 jobs.
2. South Dakota: 40 per 100 jobs.
1. North Dakota: 35 per 100 jobs.
This story features data reporting and writing by Dom DiFurio and is part of a series utilizing data automation across 50 states and Washington D.C.
We know your life is busy and on the go. That’s why we’re making it quick and easy for you to get your screening mammogram in 30 minutes or less this September and October. With online scheduling, convenient locations and advanced cancer-detecting technology, there’s no reason to delay getting this lifesaving screening.
People, Places & Things
‘The Amazing Veranica’
This dedicated teenager and her talented troupe of poodles own a Guinness World Record and made it to the semi-finals on ‘America’s Got
By Susan Smiley-Height susan@magnoliamediaco.com
Just imagine being on stage in California in front of Simon Cowell, Howie Mandel, Heidi Klum and Sofía Vergara, along with millions of television viewers. Or being in Milan, Italy, vying to set a Guinness World Record in a new category. Could you handle that kind of pressure?
I wager that many of us could not. But Veranica Tchalabaeva not only kept her teenage cool under extreme pressure, she led her performing troupe of five poodles to the semifinals on “America’s Got Talent” in 2022 and earned that world record in 2023 with two of those talented canines.
The now 14-year-old from Oxford, in Sumter County, Marion’s neighbor to the south, exhibits poise and elegance far beyond her youthful years. She is an accomplished performer and polished speaker whose bond with her animals transcends the realm of reality.
Veranica comes by her talents by way of genetics, in part, as her parents, Kanat and Tatiana, were stars of the Kazakhstan State Circus as well as the Ringling Brothers Barnum & Bailey Circus for many years. Kanat was a gymnast for a short time, attended circus school, and was a horse trainer and trick rider. Tatiana was a professional rhythmic gymnast and member of the Kazakhstan National Team. She also was an acrobat and later joined her husband in the Cossack Riders performance team before they started their own troupe.
Kanat and Tatiana are natives of Kazakhstan, formerly a republic of the U.S.S.R., which declared independence in 1991. That also was the year the Tchalabaeva family came to America. Kanat and Tatiana’s daughters, Angelica, now 24, and Veranica, have grown up surrounded by animals. The family’s Big Top Farm today is a haven for a menagerie that includes numerous poodles, more than two dozen cats, a covey of pigeons, a herd of horses and three camels, all of which are trained performers.
“Veranica is a third-generation performer and animal trainer and presenter. She grew up surrounded by many different kinds of animals. Since she was a baby, she has traveled the United States with us,” said Tatiana.
In the beginning
About three years ago, Veranica said, her mother was supposed to be working on a show with some of their poodles, but she wound up doing it instead. She also started working with the famed poodle trainer Irina Markova, who was well known to Tatiana and Kanat.
“I was almost 11 years when I started practicing with the dogs. I had a mentor, Irina, who helped me to understand how you train dogs and from there I started practicing with them and I got to feel them better and I got to feel myself with them. So, we just kind of started making a connection with each other and I started to feel more comfortable with training them,” Veranica shared.
“It takes lots of dedication, I will tell you that for sure. I practice almost every single day with the dogs and two or three times a day, but not for too long, because they do get bored sometimes,” she added.
She said that being sure to have treats on hand is one of the crucial parts of being successful.
“Treats are one of the most important things because you have to get rewarded if you do something correctly,” she noted.
Tatiana said she and Veranica cook for the canines every day.
“We make chicken, gizzards and liver. The treat she uses is ground beef, which is usually 90% lean and above, very lean. We cook barley. They have a very good diet. They are our babies,” Tatiana noted.
The mom and daughter also handmake many of the costumes worn by the teen and her “pups.”
Among the many tricks the poodles perform are jumping rope with Veranica, doing a conga line, moving through or over a series of arches, riding/pushing a baby stroller, jumping over and through a hoop held high in the air, jumping over and running between Veranica’s feet and legs, riding scooters and a motorcycle, and much more.
Among the challenge of pulling all that off in front of a crowd is that “sometimes the dogs don’t cooperate that well.”
“They have a mind of their own and they like to be on their own schedule so sometimes we stop and then come back and try again. The reward, of course, is to show people what we’re capable of,” Veranica said.
“These dogs are incredible; Vernica does an incredible job,” said Tatiana. “They love her. They are all good kids. From morning to night, this child, we are feeding animals, we practice, we wash and clean them and, in between, she does the schooling, this kid is very hard working.”
In addition to still working with the five poodles she showcased on “America’s Got Talent,” Veranica also is starting to train younger pups.
“In the beginning, when they are puppies, we like to get them used to the props and everything, jumping over little hurdles or just sitting on their little chairs, something like that, and then once they get older, we start to do more like difficult things, like jumping over bigger obstacles,” she explained.
Hitting the big time
For her AGT performances, Veranica worked with Shurik, Rita, Roma, Borika and Misha. Shurik is a standard poodle and the others are miniatures and toys. The four smaller ones are cousins. Veranica speaks a mixture of Russian and English as she softly issues commands to her charges. The AGT audition video shows the judges responding positively to the various tricks, especially when the poodles do some “quick change” costume swaps. Even Veranica gets in on that action, with her pretty pink dress turning lime green in one segment.
“When we were on AGT, of course it was a little bit nerve racking so right before I was about
See Veranica’s, page B2
Veranica Tchalabaeva, 14, whose stage name is “The Amazing Veranica,” works with Red, as the standard poodle leaps through a hoop, at her home on County Road 246 South in Oxford on Tuesday, August 27, 2024.
Veranica Tchalabaeva, 14, whose stage name is “The Amazing Veranica,” performs the trick that earned her a Guinness World Record with two of her trained Poodles, Borika and Mishka.
Photos by Bruce Ackerman Ocala Gazette
Veranica Tchalabaeva, 14, whose stage name is “The Amazing Veranica,” looks over her Guinness World Record award.
Veranica Tchalabaeva, 14, whose stage name is “The Amazing Veranica,” works with Poodles, from left, Mishka, Rita, Roma and Borika, as they perform a conga line. Left: Veranica Tchalabaeva, 14, whose stage name is “The Amazing Veranica,” rides Khan, a Camel.
FIDO adoption graduation stirs hopes for new beginnings
By Jennifer Hunt Murty jennifer@ocalagazette.com
Five dogs graduated Sept. 13 from Marion County’s FIDO program, a dog rescue training program helped along by inmates at the Marion Correctional Institution Work Camp under the guidance of trainer Stephanie Roberts of Paycor Training.
The dogs were trained in basic obedience commands by the inmates for 10 weeks, and all the adopters were given a training book and handwritten journals where the inmates kept notes about each dog’s progress and preferences at graduation.
One story shared at the graduation was that of Peeps, a 7-year-old male dog that was found living in a junkyard and was horribly neglected. Photos taken the day Peeps arrived at the facility showed a dog that looked nothing like the proud canine being honored on his graduation day.
Wendy Hillyard, program specialist for Marion County Animal Services, said that as “heartbreaking” as Peeps’ condition was when they found him it made the adoption event that much more joyful.
“I’ve been known to cry at these graduations,” she said to the nod of several inmates who seemed to share her sentiments.
Hillyard said 150 dogs have graduated from the program and organizers intend to continue it, so the inmates bidding their dogs goodbye on graduation day won’t be alone for long.
Justin Hazan and David Cipriani, the inmates who worked with Charm, the dog I adopted, said she was very timid when they started working with her, but her personality soon blossomed.
At 10 months old, this is likely her first time living inside a home, so everything is new and curious to her. Five days later, I can report no accidents in the house, and she sleeps next to me without stirring much.
I’ve renamed her Maggie, and every day we make progress in getting to know each other.
Barbara Strong, who adopted Rolo, a 2-year-old male, said she picked him because he looked like another beloved dog she had lost. Strong told me over the weekend that Rolo was adapting well to his new home and sent in a photo of Rolo sleeping in his new bed.
Jennifer Faulstick said on the first night at her new home, Pixy, her adopted dog, “slept like a rock snoring in our ears. I think she might be learning how to be a house dog for the first time, she is very unsure of herself getting on furniture like the couch (we are OK with it) and doesn’t show much interest in toys. She’s enjoying her new yard and took a splash in her little pool.”
And the training didn’t go out the door as soon as she left the work camp.
“We are using the commands she learned in the FIDO program and she even spit out an oatmeal pie she got hold of from my son,” Faulstick said with a chuckle. Program supports rehabilitation of inmates It’s easy to celebrate five dogs being rescued and receiving the training they need to enter a new home successfully, but maybe we don’t talk enough about how others are impacted.
Five adopters went to the work camp for the ceremony, where Justin Hazan presided as the master of ceremony for the graduation. Each two-person inmate team shared some fun tricks they’d taught the dogs.
But then the inmates took turns thanking everyone who supported the program, the businesses and the trainer, the county staff, and even jail leadership who were also present.
Hazan said he hoped what the audience witnessed would impress upon them the importance of these programs at detention facilities.
“FIDO and programs like it are vital to compounds like ours in the unique effect it has not only on the inmate population, but the staff as well. The dogs bring an elevated aura of positivity that uplift the day to day. Mr. Sumner, our classification officer, said it best that seeing smiles in this environment is a rarity, but today there are plenty,” said Hazan.
“This program provides rehabilitation motivation to do better with our time, and we become better; giving back to the community one paw at a time,” he added.
Hazan thanked the trainers who assisted the inmates for teaching them to “train with respect, not fear.”
Another inmate, Jonathan Widows, talked about how much support furry friends can give to someone when humans let them.
“Even though these dogs can’t speak to us, they communicate with us on a level most people can’t, don’t or simply don’t know how to,” he said. “It’s amazing how your mood can change simply from the way a dog looks up at you, puts its ears back, shakes its butt, and wags its tail excitedly because it sees you. It notices you. I don’t think there are many other situations that can bring about as much joy as that, especially not within these walls.”
Inmate Christian Pillot said he’s worked in the FIDO program for a year. He said he looked at the opportunity as a way to give back, “and be selfless for once.”
“That means putting these pups and the team before my wants or emotional state,” he said. “It has taught me patience, how to communicate with my peers instead of arguing. It me how to be a better pet owner because now I am able to better understand them.”
Veranica’s got talent
Continued from page B1 to go on stage my palms got all sweaty and the dogs could feel me getting a little bit nervous so they were kind of confused too but when we got on stage and the music started, I kind of forgot that there were people there and I just started having fun with the pups and it was just an incredible experience to perform in front of a lot of people on ‘America’s Got Talent’ in Pasadena, California,” she enthused.
Of the trip to try for the Guinness World Record, kids.guinnessworldrecords. com noted in an article by Vassiliki Bakogianni published earlier this year that the Oxford teen “flew to Milan, Italy, to attempt the record on the set of our Italian TV series “Lo Show Dei Record” in front of a large audience.” Mishka and Borika set the record
on Feb. 9, 2023, with Mishka pushing a “toomba” or large barrel, with Borika running back and forth through it 41 times in one minute.
“It was an incredible experience because we’d never been to Italy. When we got the record, we were amazed and so happy for the experience that we got and it was very, very exciting. I’m the first one to hold that title,” Veranica said.
This summer, the Amazing Veranica show ran for five weeks at Stone Mountain Park outside Atlanta. She and the poodles performed three or four shows a day, six days a week, inside a theater and outside under the imposing mountainside sculptures.
She also has, according to Tatiana, performed at the Big Apple Circus, the Silver Dollar City amusement park in Branson, Missouri, on the Huckabee
Pillot told the audience that FIDO was not just about training a dog to be a good house pet.
“FIDO is about second chances. My team, the adoptees, the donors, the employees of Marion County Animal Services, and this institution, are all giving these fuzzy fellows a second chance. And I am so happy and blessed to be part of it. Thank you so much,” he said.
If you want to learn more
According to the Marion County government website, the public can meet the dogs chosen for the eight-week training class at two public outings held at local businesses.
“Adoption applications can be submitted during the event, with adoptions approved and finalized while dogs are still being trained at MCI. The dogs will be required to remain in the program to complete their training, and the adopters can take home their new family member upon graduation” according to the website.
The inmates thanked the many businesses that contributed money, products and services to the program. Mr. Mochas Pet Store in Belleview donates food to the dogs in the program and provides a place for county staff to introduce dogs to potential adopters.
If you are a business owner who wants to support this program, the county outlines the following ways:
“Donations are appreciated and help keep the program running. Donations may be dropped off at Animal Services or brought to one of our adoption events. You can also search for our wish list on Amazon. Highly needed items include the following:
Zukes mini dog treats, or any other training treats
New durable toys
Bully sticks and antler dog chews
Martingale collars (red)
Printing or sign companies that are willing to donate any advertising material, such as banners, flyers, decals or T-shirts. (This is one of the mostneeded items!)
• Sponsors to support FIDO Project or host events, collect donations and help spread the word!
• Goodies that will be given to adoptive families at graduation ceremony (gift certificates or coupons, T-shirts, leashes, toys, food, treats, books.)
Local artists and professional photographers
The FIDO Project welcomes volunteers to help at adoption events, transport goods, collect donations. Visit animalservices.marionfl.org/animal-center/fido-project for the volunteer application.
Donations to help continue this program can also be made online (select FIDO as payment type) or via mail and addressed to: Marion County Animal Services/The FIDO Project, 5701 SE 66th St.,Ocala, FL 34480.
TV show, with Circus Wonderland in Sarasota, for special Disney World events and at basketball halftime shows.
Patience and encouragement
With Tatiana translating, the “Gazette” asked Markova her thoughts about Veranica and training animals in general.
“I was 8 years old when I started my dogs and Veranica was 11. It has become her love and passion. It takes a lot of discipline and a lot of hard work, a lot of love to the animals, a lot of encouragement. And all of that together creates an act. But people have to train themselves first, to be calm and patient, then it takes a lot of repetition and patience,” Markova offered.
Veranica, who is in ninth grade with her online school, said she may want to become a nurse later in life. For now,
though, she is content to study hard and keep working with her animals.
The family, which offers horse and camel rides and teaches trick riding, hopes to soon offer performance shows at their ranch, including with the cats, pigeons and, of course, the Amazing Veranica and her poodles, which are available for private bookings as well.
“She loves to share her life with animals, which is very rewarding,” Tatiana said of her talented younger daughter. There are numerous online videos of the Amazing Veranica, including on her own social media and YouTube channels. To learn more about the classes and performances offered by the family and Veranica, go to funanimalevents.com and amazingveranica.com
Left to right: Maggie f/k/a Charm looks outside over her new yard from the perch of her new couch. [Jennifer Murty]. Rolo sleeps in his new home. [Supplied]. Pinky sleeps in her new home. [Supplied]
APPLETON MUSEUM OPENS PORTRAIT PHOTOGRAPHY EXHIBIT
Staff report
The Appleton Museum of Art, College of Central Florida has opened the “Striking Poses: Portrait Photography from the Permanent Collection” exhibit. It will be on display through Jan. 26, 2025, in the second-floor Preview Gallery.
The exhibition is drawn from the Appleton’s extensive photography collection. The collection includes 17 gelatin silver prints and one color photograph. The
images highlight the individuality of the subjects, which include rare and intimate portraits of Marlon Brando, Buster Keaton and Charlie Chaplin, as well as the distinctive artistic perspectives of the photographers.
The artists on exhibit include Mary Ellen Mark, Anne Noggle, Abigail Perlmutter, Berni Schoenfield, Bert Stern, Brett Weston and Edward Weston.
“With photographers who are just as fascinating as their subjects, we are pleased to present these compelling works, along with some interesting backstories uncovered
When to seek help for memory loss
By Anne Shandera-Ochsner, Ph.D. Mayo Foundation for Medical Education and Research
DEAR MAYO CLINIC: I’ve started to notice lapses in my wife’s memory that are becoming more frequent. She has started asking the same questions repeatedly and sometimes struggles to come up with common words when speaking. I’ve brought up the changes I’ve recognized, but she brushes them off as typical signs of aging. Are there signs of memory loss, and when should I encourage her to see her health care team?
ANSWER: Everyone forgets things at times such as where you put your cellphone or the name of a person you just met. Some degree of memory problems and a modest decline in other thinking skills are common parts of aging. However, there’s a difference between normal memory changes and memory loss associated with dementia, Alzheimer’s disease and other related disorders. And some memory problems could be caused by other treatable conditions.
It’s normal to have minor memory loss as you age. This type doesn’t prevent you from living a full, productive life. For example, you may occasionally forget an acquaintance’s name but recall it later. You might misplace your glasses or need to write a list to remember tasks. These changes in memory can be irritating but are normal and manageable. They don’t disrupt your ability to work, live independently or maintain a social life.
Dementia isn’t a specific disease. It’s a group of symptoms that affect memory, reasoning, judgment, language and other thinking skills. Dementia usually begins gradually, worsens over time and interferes with a person’s daily life, including working, managing daily tasks, social interactions and relationships.
Memory loss often is one of the first recognizable signs of dementia. Other early signs can include:
Asking the same questions repeatedly.
Mixing words up, such as saying “bed” instead of “table.”
Misplacing items in inappropriate places, such as putting a wallet in a kitchen drawer.
Getting lost while walking or driving in a familiar area.
Having changes in mood or behavior for no apparent reason.
Mild cognitive impairment involves a notable decline in at least one area of thinking skills, such as memory. This decline is greater than the changes of aging and less than those of dementia. Having mild cognitive impairment doesn’t prevent you from performing everyday tasks and being socially engaged.
Many medical problems can cause memory loss or other symptoms associated with dementia. Most of these conditions can be treated. Your health care team can screen you for conditions that cause reversible memory impairment.
Possible causes of reversible memory loss include:
Medications. Certain medications or a combination of medications can cause forgetfulness or confusion.
Minor head trauma or injury. A head injury from a fall or accident—even if you don’t lose consciousness—can sometimes cause memory problems.
Emotional disorders. Stress, anxiety or depression can cause forgetfulness, confusion, difficulty concentrating and other problems that disrupt daily activities.
Sleep disorders. Poor quality or insufficient sleep can cause mental fogginess and forgetfulness that can interfere with a person’s daily life. Obstructive sleep apnea is a common example of a sleep disorder that causes cognitive impairment that can be reversed with treatment of the underlying problem.
Alcoholism. Chronic alcoholism can seriously impair mental abilities. Alcohol also can cause memory loss by interacting with medications.
Hypothyroidism. An underactive thyroid gland, or hypothyroidism, can result in forgetfulness and other thinking problems.
Talk with your health care team if you’re concerned about memory loss or if a family member has brought up concerns about changes in your thinking. Sometimes the people who know you best will notice changes earlier than you will. It’s good to have a family member or friend along to answer some questions based on observations.
You may have a general physical exam, blood tests or brain imaging. These can help identify reversible causes of memory problems and symptoms associated with dementia.
You might be referred to a specialist who can diagnose dementia or memory disorders, such as a neurologist, psychiatrist, neuropsychologist or geriatrician. You may need additional testing, known as a neuropsychological test, to determine whether your thinking changes are normal for your age or not.
Coming to terms with memory loss and the possible onset of dementia can be difficult. Some people try to hide memory problems, and some family members or friends compensate for a person’s memory loss—sometimes without being aware of how much they’ve adapted to the impairment.
Getting a prompt diagnosis is important, even if it’s challenging. Identifying a reversible cause of memory impairment enables you to get appropriate treatment.— Anne Shandera-Ochsner, Ph.D., Clinical Neuropsychologist, La Crosse and Onalaska, Wisconsin
(Mayo Clinic Q & A is an educational resource and doesn’t replace regular medical care. E-mail a question to MayoClinicQ&A@mayo.edu. For more information, visit www.mayoclinic.org.)
during the process of organizing the show,” said Victoria Billig, Appleton assistant director, in a news release.
The Appleton Museum, Artspace and Store are open Tuesday-Saturday, 10 a.m.-5 p.m., and Sunday, noon5 p.m., at 4333 E. Silver Springs Blvd., Ocala. Regular admission fees apply to visit. Admission is free on the first Saturday of each month.
To learn more, go to appletonmuseum.org
NOMA GALLERY CALL TO ARTISTS
Staff report
NOMA Gallery has extended a call to artists to participate in its
“Cosmos” online art competition.
“We encourage artists from all disciplines to explore the cosmic theme, whether through the grandeur of galaxies, the mystery of black holes or the abstract beauty of the universe. Share your vision and let your creativity shine,” stated Mel Fiorentino, gallery owner and director, in a news release.
Submissions must be original works. Accepted mediums include 2D and 3D artworks, including drawing, painting, digital art, photography and sculpture. AIgenerated art will not be accepted.
There is a limit of two submissions per artist. The entry fee is $15 per piece of art. The deadline for submissions is Oct. 1.
A public voting period will take place Oct. 2-20, with the awards announced on Oct. 23. The awards will include:
• Best of Show: The artwork that excels in creativity, technique and overall impact will earn the artist $100 in cash.
• People’s Choice: This award will be determined by public voting and the artist will receive recognition and potential feature in gallery promotions.
For more details and to submit works, visit nomaocala.com
Left to right: “Yolanda,” 1978, Anne Noggle (American, 1922-2005), Gelatin silver print, Gift of Anne Noggle Foundation. “Buster Keaton on the
Set of Limelight,” 1952, Berni Schoenfield (American, 1922-1999), Gelatin silver print, Gift of Marjorie M. Cheatley and Marcia Koblos Shattuck.
[Courtesy of the College of Central Florida]
Sudoku is played on a grid of 9 x 9 spaces. Within the rows and columns are 9 “squares” (made up of 3 x 3 spaces). Each row, column and square (9 spaces each) needs to be filled out with the numbers 1-9, without repeating any numbers within the same row, column or square.
By Michael Warren
government
SEPTEMBER 23, 30
Marion County Development Review
Office of County Engineer, 412 SE 25th Ave., Building 1, Ocala
9am
The committee reviews and votes on waiver requests to the Land Development Code, major site plans and subdivision plans. The committee meets weekly. See marion.fl.legistar.com/calendar.aspx for agenda and minutes.
OCTOBER 1, 15
Marion County Board of County Commissioners
McPherson Governmental Campus Auditorium, 601 SE 25th Ave., Ocala
9am
The commission meets in the morning of the first and third Tuesday of the month. Agendas, minutes and video are available at marionfl.legistar.com/calendar.aspx
OCTOBER 1, 15
Ocala City Council
Ocala City Hall, 110 SE Watula Ave., Ocala
4pm
The council meets each first and third Tuesday of the month. Ocala government agendas and minutes are available at ocala.legistar.com/calendar.aspx
OCTOBER 1, 15
Belleview City Commission
Belleview City Hall, 5343 SE Abshier Blvd., Belleview
6pm
Meets the first and third Tuesday of the month; agendas, minutes and video available at belleviewfl.org/200/agendas-minutes
community
SEPTEMBER 26
Night Of Hope: Honoring the Victims and Survivors of Domestic Violence College of Central Florida, 3001 SW College Road, Ocala
5:30pm to 8pm
This event features keynote speaker Michael Neely, senior pastor at New Millennium Community Church and an advocate for abuse victims and a survivor of domestic violence. Neely is the author of the book “Black Eyes and Sweet Talk: A Biblical Perspective on Domestic Violence,” which discusses coping techniques for victims based on scripture, from the perspective of a survivor. Visit bit.ly/og-event-night-of-hope or bit.ly/NOH2024 to learn more.
OCTOBER 5
Gentiva Ocala Metro India Fest
Ocala Citizens’ Circle, 151 SE Osceola Ave., Ocala
11:30am to 6pm
This is a free community-wide cross-cultural experience of India, brought to you by the Strategic Community Alliance, featuring a cultural celebration in Downtown Ocala, including a flash-dance mob at the downtown square, trivia competitions, a fashion show, Indian food and beverages, art on display, and activities for kids. This event is free to attend. For more information, visit scacommunities.org/events-news-and-activities
OCTOBER 5
Wear Your Wings 5K College of Central Florida, 3001 SW College Road, Ocala Registration at 7am
This 5K run and walk benefits the Marion County Children’s Alliance. The first 250 participants to finish will receive a medal. The price to register begins at $30 for adults and $10 for kids, until Sept. 25. Registration and packet pickup will begin at 7 am, with the race scheduled to begin at 8 am. Visit bit.ly/WearYourWings2024 to sign up.
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arts
SEPTEMBER 5 - 22
“Cinderella” at OCT
Ocala Civic Theatre, 4337 E Silver Springs Blvd., Ocala Showtimes vary The classic fairy tale has been adapted many times in film, television, literature and more. OCT’s production is based on the 1957 re-imagining of the tale in the musical by Rodgers & Hammerstein. Tickets are $35 for adults/$17 for ages 18 and under and can be purchased online or at the OCT Box Office. Visit bit.ly/oct-cinderella for more information.
SEPTEMBER 20-21
“Cinderella” special events
Ocala Civic Theatre, 4337 E Silver Springs Blvd., Ocala Times listed below
Come see the cast and special entertainment during Starlight Studio and Cinderella’s Happily Ever After Tea Party this weekend at OCT. Friday night at 5:30pm, musician Adam Pryor performs a medley of love songs to set the tone for arriving audience members as they make their way into the theatre, with the main show beginning at 7. On Saturday at 1pm, Cinderella and the Prince will make an appearance at a tea party for theatre patrons, hosted by The Fairy Godmother. Visit ocalacivictheatre.com/calendar to find out more about each event.
SEPTEMBER 21
Pints and Prints
Appleton Museum of Art, 4333 E Silver Springs Blvd., Ocala
5:30pm to 7:30pm
Guests 21+ will be able to sample adult beverages and learn more about printmaking, getting to take home their very own block print, gel print and dry point etches. This seminar will E. Marie Fielding and Vanessa ZumbaGonzalez. ID is required for entry. For pricing and tickets, visit appletonmuseum.org/events/pints-and-prints
OCTOBER 5
Free First Saturday featuring Art in Spain exhibit
Appleton Museum of Art, 4333 E Silver Springs Blvd., Ocala 10 am to 5 pm Entry to Appleton Museum of Art will be free for all member and non-member patrons, with a special presentation taking a look at the history and evolution of art from Spain. Led by local neurologist and art enthusiast Dr. Jose Gaudier, it will begin at 11 am in the main auditorium. No reservation is required to attend. Learn more at appletonmuseum.org
MONTH OF OCTOBER
“Equine Impressions”
Exhibit
College of Central Florida, 3001 SW College Road, Ocala “Equine Impressions” opens in the College of Central Florida’s Webber Gallery on Sept. 30. Curated by 24 Hands Printmaking Collective, prints of all kinds will be on display highlighting the natural splendor of the equine world. An opening reception will take place from 5:30 to 8:30pm. Oct. 4. To learn more, go to cf.edu
things to do
OCTOBER 3
Silent Disco at the NOMA Black Box
NOMA Black Box Theatre, 500 NE 9th St., Ocala 7 to 10pm
Dance to the beat of your own headphones. This event benefits Arts in Health Ocala Metro and the LILAC Foundation. Dance in a glow in the dark setup with shirt graffiti and facepainting, all to the tune of hits from the ‘70s to today. For more information, visit reillyartscenter.com/events/silent-disco
OCTOBER 11-13
27th Annual Jeeptober Fest
Florida Horse Park, 11851 SW 16th Ave., Ocala
Starts at 8am
This annual get together is one of the largest Jeep-only meets anywhere in the United States. Each day features a full itinerary of special events, from guided tours of the Ocala National Forest to off-roading, along with block parties and vendors. $70 for pre-registration and $80 for day-of. Admission for spectators is $10 per carload, cash only, and a portion of the admission proceeds will be donated to local charities. Visit ocalajeepclub.com/jeeptoberfest for more information.
OCTOBER 12
Denim & Pearls Gala
Immaculate Heart of Mary Social Hall, 10670 SE Maricamp Road, Ocala
7 p.m.
The Eta Tau Omega Chapter of Alpha Kappa Alpha Sorority, Inc., will host an evening of food, dancing and fellowship to support scholarships for senior girls graduating high school and various community programs. The evening will include dinner, live music, a DJ, a silent auction and door prizes. Tickets are $75 per person, available by calling event co-chair Wantanisha Morant at (352) 208-8514.
OCTOBER 17
Fairways, Flamingos & Fun
Stone Creek Golf Club, 11851 SW 16th Ave., Ocala
Check-in at 11am; tee time 12:30pm
Stone Creek Golf Club will host a charity invitational tournament for women golfers benefitting the Susan G. Koman Foundation for breast cancer research. Teams of four compete in a best ball style tournament, wearing pink “flamingo” color golf attire to represent the fight against breast cancer. Teams of four or single players can register. A silent auction, door prizes and other on the course events will raise money to support this cause. To register, go to s5.goeshow.com/dps/FFF2024/index.cfm
OCTOBER 26
Fall Maker’s Market
Cedar Street Boutique, 11875 Cedar St., Dunnellon 9am to 4pm
Sponsored by Grumbles House Antiques and Garden Shop, come see and purchase handmade crafts and other works of art by local artisans, in the lawn of the Cedar Street Boutique store located in downtown Dunnellon. Visit their website at grumbleshouseantiques.com
“Equine” by Tyrus Clutter
Crossword Jumble
Gasoline Alley
Broom Hilda
Middletons
Animal Crackers
Sports
High School Football Coverage is Sponsored By
Lake Weir grinds out tough win over Bell High
Running game and defense lead Hurricanes past Bulldogs.
By Mark Pinson Special to the Ocala Gazette
If you like old-school, smash-mouth football, the Sept. 13 night game between Lake Weir and Bell High was the game to watch. The contest featured a pair of teams who like to run the ball and then run the ball some more.
Lake Weir utilized the powerful running of seniors Alcarlos Richard and Jackson Quick and a swarming defense that forced four turnovers to earn a hardfought and physical 11-0 win over Bell. The win improved Lake Weir to 2-1 on the season and 1-1 in the Sunshine State Athletic Conference
“It was a team effort,” said Hurricanes coach Jason Roberts. “No matter how much adversity we face, the boys continue to fight, stick together, and they found a way to win. The defense played aggressive and forced several turnovers. We are big in the backfield and Alcarlos is a hoss and we will keep running at you.”
Bell, which dropped to 1-2, 1-1, moved the ball into Lake Weir territory on its first two possessions of the game, but the Hurricanes defense rose up to stop the Bulldogs scoring threat.
After a short punt, Lake Weir took possession of the ball and marched down the field on the strength of solid running by Richard and Quick. Richard showed his power and tackle-breaking ability on an impressive 36-yard scoring scamper. A two-point run was good to give the Hurricanes an 8-0 lead with 42.4 seconds left in the first quarter.
Bell went nowhere on its next possession and was forced to punt.
Lake Weir marched down the field as Richard, who finished with 109 rushing yards on 15 carries, followed excellent
blocking to pick up several first downs.
The drive stalled after reaching the Bell 35-yard line after the Hurricanes were flagged for holding and a pass interference penalty.
Bell moved the ball past midfield as sophomore running back Landin Williams, who rushed for 52 yards on 14 carries, had success running between the tackles. The drive stalled and Lake Weir took an 8-0 lead into the half.
Lake Weir fumbled the second-half kickoff, but Bell fumbled the ball on its first play from scrimmage to end the threat. The Hurricanes kept the ball for over six minutes as Quick, who gained 56 yards on 14 carries, powered his way to a first-and-goal at the Bulldog four-yard line. The Bell defense stiffened and kept Lake Weir out of the end zone on four consecutive running plays.
Bell tried to pass the ball several times during the game with no success at all.
Lake Weir sophomore linebacker Kevin Lucas recovered a Bulldog fumble midway through the fourth quarter.
The Hurricanes capitalized and gave themselves some breathing room as senior kicker Jeancarlos Mejia booted a 30-yard field goal to give Lake Weir an 11-0 lead with 1:59 remaining to play.
Any potential late-game drama ended quickly as Bell fumbled the ball on its first play from scrimmage and the Hurricanes recovered the ball.
Lake Weir ran out the clock to seal the victory over the Bulldogs.
“This is a good district win for us,” coach Roberts said. “Our heads weren’t exactly where they needed to be coming into this week, but we kept fighting and came out on top.”
Lake Weir is back on the gridiron on Sept. 20, when the Hurricanes host Trenton.
“It was a team effort. No matter how much adversity we face, the boys continue to fight, stick together, and they found a way to win.”
Photos by Bruce Ackerman Ocala Gazette
Left to right: Lake Weir’s Alcarlos Richard (24) sprints away for a touchdown in the first quarter as Bell’s Cole Rarey (10) can’t stop him during a football game at Lake Weir High School in Candler on Friday, Sept. 13, 2024. Lake Weir’s Alcarlos Richard (24) tries to catch a pass under pressure from Bell’s RJ Leffler (1).
Above: Lake Weir’s Alcarlos Richard (24) celebrates his touchdown on Bell with Joel Smith (75) during a football game at Lake Weir High School in Candler on Friday, Sept. 13, 2024. Right: Lake Weir’s Jackson Quick (22) pushes ahead for extra yardage ahead of Bell’s Jordan Spears (4).
Jason Roberts Lake Weir Hurricanes Coach
NOTICE TO CREDITORS
The administration of the estate of ERICA MARIE BROOKS, deceased, whose date of death was April 21, 2024; is pending in the Circuit Court for Marion County, Florida, Probate Division; File Number 2024-CP-2173 ; the address of which is 110 N.W. 1st Avenue, Ocala, Florida 34475. The names and addresses of the Personal Representative and the Personal Representative’s attorney are set forth below. All creditors of the decedent and other persons, who have claims or demands against decedent’s estate, including unmatured, contingent or unliquidated claims, and who have been served a copy of this Note, must file their claims with this Court WITHIN THE LATER OF THREE (3) MONTHS AFTER THE DATE OF THE FIRST PUBLICATION OF THIS NOTICE OR THIRTY (30) DAYS AFTER THE DATE OF SERVICE OF A COPY OF THIS NOTICE ON THEM. All other creditors of the decedent and other persons who have claims or demands against the decedent’s estate, including unmatured, contingent or unliquidated claims, must file their claims with this court, WITHIN THREE (3) MONTHS AFTER THE DATE OF THE FIRST PUBLICATION OF THIS NOTICE. ALL CLAIMS NOT SO FILED WILL BE FOREVER BARRED.
NOTWITHSTANDING THE TIME PERIODS SET FORTH ABOVE, ANY CLAIM FILED TWO (2) YEARS OR MORE AFTER THE DECEDENT’S DATE OF DEATH IS BARRED. THE DATE OF FIRST PUBLICATION OF THIS NOTICE IS SEPTEMBER 13, 2024.
Personal Representative: CAROLE L. BROOKS
3323 S.E. 132 nd Place Belleview, Florida 34420
Attorney for Personal Representative:
DAVIS R. WATSON III Florida Bar No.: 117996
DAVIS R. WATSON III, P.A. 2201 S. E. 30th Avenue Suite 202 Ocala, Florida 34471 (352) 732-8080 Email: davis@daviswatsonlaw.com
IN THE CIRCUIT COURT OF THE FIFTH
JUDICIAL CIRCUIT IN AND FOR MARION COUNTY, FLORIDA PROBATE DIVISION File No. 2024-CP-2224 IN RE: ESTATE OF LORETTA READ Deceased. NOTICE TO CREDITORS The administration of the estate of LORETTA READ, deceased, whose date of death was August 20, 2024, is pending in the Circuit Court for MARION County, Florida, Probate Division, the address of which is 110 N.W. 1st Avenue, #1, Ocala, Florida 34471. The names and addresses of the personal representative and the personal representative's attorney are set forth below.
All creditors of the decedent and other persons having claims or demands against decedent's estate on whom a copy of this notice is required to be served must file their claims with this court ON OR BEFORE THE LATER OF 3 MONTHS AFTER THE TIME OF THE FIRST PUBLICATION OF THIS NOTICE OR 30 DAYS AFTER THE DATE OF SERVICE OF A COPY OF THIS NOTICE ON THEM.
All other creditors of the decedent and other persons having claims or demands against decedent's estate must file their claims with this court WITHIN 3 MONTHS AFTER THE DATE OF THE FIRST PUBLICATION OF THIS NOTICE. ALL CLAIMS NOT FILED WITHIN THE TIME PERIODS SET FORTH IN FLORIDA STATUTES SECTION 733.702 WILL BE FOREVER BARRED. NOTWITHSTANDING THE TIME PERIODS SET FORTH ABOVE, ANY CLAIM FILED TWO (2) YEARS OR MORE AFTER THE DECEDENT'S DATE OF DEATH IS BARRED. The date of first publication of this notice is September 20, 2024. Personal Representative: ARTHUR READ
Attorney for Personal Representative: SHANTA MATTHEWS, Attorney Florida Bar Number: 69935 814 E. Silver Springs Blvd., Suite D OCALA, FL 34470 Telephone: (352) 421-8722 Fax: (352) 306-3759 E-Mail: shanta@smatthewslaw.com Secondary: lori@smatthewslaw.com
IN THE CIRCUIT COURT FOR MARION COUNTY, FLORIDA PROBATE DIVISION IN RE: ESTATE OF ROBERT EUGENE BLANSETT FILE NO. 24CP002167AX
NOTICE TO CREDITORS
The administration of the estate of ROBERT EUGENE BLANSETT, deceased, whose date of death was June 15, 2024; is pending in the Circuit Court for Marion County, Florida, Probate Division; File Number 24CP00216AX; the mailing address of which is 110 N.W. 1st Avenue, #1, Ocala, Florida 34471. The names and addresses of the personal representatives and the personal representatives’ attorney are set forth below. All creditors of the decedent and other persons having claims or demands against decedent's estate on whom a copy of this notice is required to be served must file their claims with this court ON OR BEFORE THE LATER OF 3 MONTHS
AFTER THE TIME OF THE FIRST PUBLICATION OF THIS NOTICE OR 30 DAYS AFTER THE DATE OF SERVICE OF A COPY OF THIS NOTICE ON THEM.
All other creditors of the decedent and other persons having claims or demands against decedent's estate, must file their claims with this court WITHIN 3 MONTHS AFTER THE DATE OF THE FIRST PUBLICATION OF THIS NOTICE.
ALL CLAIMS NOT FILED WITHIN THE TIME PERIODS SET FORTH IN SECTION 733.702 OF THE FLORIDA PROBATE CODE WILL BE FOREVER BARRED. NOTWITHSTANDING THE TIME PERIODS SET FORTH ABOVE, ANY CLAIM FILED TWO (2) YEARS OR MORE AFTER THE DECEDENT'S DATE OF DEATH IS BARRED.
THE DATE OF FIRST PUBLICATION OF THIS NOTICE IS: September 20, 2024.
Attorney for Personal Representative: MARLA E. CHAVERNAY, ESQ.
Law Office of George R. Brezina, Jr., P.A. 1218 Oakfield Drive Brandon, Florida 33511
Ph: 813-870-0500
Fax: 813-873-0500
Email: MChavernay@accidentsareus.com
Florida Bar No. 143138
Personal Representative:
DEBORAH S. ALLEN 3015 Rains Crossroads Road Selma, NC 27576
IN THE CIRCUIT COURT OF THE FIFTH
JUDICIAL CIRCUIT
IN AND FOR MARION COUNTY, FLORIDA
PROBATE DIVISION
File No. 2024-CP- 2148
IN RE: ESTATE OF SHEILA ELAINE SANVILLE
Deceased.
NOTICE TO CREDITORS
The administration of the estate of SHEILA ELAINE SANVILLE, deceased, whose date of death was July 30, 2024, is pending in the Circuit Court for MARION County, Florida, Probate Division, the address of which is 110 N.W. 1st Avenue, #21, Ocala, Florida 34471. The names and addresses of the personal representative and the personal representative's attorney are set forth below.
All creditors of the decedent and other persons having claims or demands against decedent's estate on whom a copy of this notice is required to be served must file their claims with this court ON OR BEFORE THE LATER OF 3 MONTHS AFTER THE TIME OF THE FIRST PUBLICATION OF THIS NOTICE OR 30 DAYS
AFTER THE DATE OF SERVICE OF A COPY OF THIS NOTICE ON THEM.
All other creditors of the decedent and other persons having claims or demands against decedent's estate must file their claims with this court WITHIN 3 MONTHS
AFTER THE DATE OF THE FIRST PUBLICATION OF THIS NOTICE. ALL CLAIMS NOT FILED WITHIN THE TIME PERIODS SET FORTH IN FLORIDA STATUTES SECTION 733.702 WILL BE FOREVER BARRED. NOTWITHSTANDING THE TIME PERIODS SET FORTH ABOVE, ANY CLAIM
FILED TWO (2) YEARS OR MORE
AFTER THE DECEDENT'S DATE OF DEATH IS BARRED.
The date of first publication of this notice is September 20, 2024.
Personal Representative: PENNY LEE ANDREWS
Attorney for Personal Representative: SHANTA MATTHEWS, Attorney Florida Bar Number: 69935
814 E. Silver Springs Blvd., Suite D OCALA, FL 34470
Telephone: (352) 421-8722
Fax: (352) 306-3759
E-Mail: shanta@smatthewslaw.com
Secondary: lori@smatthewslaw.com
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT, IN AND FOR MARION COUNTY, FLORIDA.
IN RE: THE ESTATE OF MICHAEL TATE, Deceased. CASE NO: 2024-CP-2238 NOTICE TO CREDITORS
The name of the decedent, the designation of the court in which the administration of this estate is pending, and the file number are indicated above. The address of the court is 110 N.W. 1st Avenue, Ocala, FL 34475. The names and addresses of the personal representative and the personal representative’s attorney are indicated below. If you have been served with a copy of this notice and you have any claim or demand against the decedent’s estate, even if that claim is unmatured, contingent or unliquidated, you must file your claim with the court ON OR BEFORE THE LATER OF A DATE THAT IS 3 MONTHS AFTER THE DATE OF THE FIRST PUBLICATION OF THIS NOTICE OR 30 DAYS AFTER YOU RECEIVE A COPY OF THIS NOTICE. All other creditors of the decedent and other persons who have claims or demands against the decedent’s estate, including unmatured, contingent or unliquidated claims, must file their claims with the court WITHIN 3 MONTHS AFTER THE DATE OF THE FIRST PUBLICATION OF THIS NOTICE. ALL CLAIMS NOT SO FILED WILL BE FOREVER BARRED. EVEN IF A CLAIM IS NOT BARRED BY THE LIMITATIONS DESCRIBED ABOVE, ALL CLAIMS WHICH HAVE NOT BEEN FILED WILL BE BARRED TWO YEARS AFTER DECEDENT’S DEATH. The date of death of the decedent is: July 17, 2024. The date of first publication of this Notice is September 20, 2024.
Attorney for Personal Representative: JOSHUA L.
NOTICE OF SPECIAL SCHOOL BOARD MEETING
Notice is hereby given that the School Board of Marion County, Florida, will meet on October 3, 2024, at 7:30 a.m., at the School Board Administration Office, 1614 E. Ft. King Street, Ocala, Florida, 34471. An agenda will be published seven days prior to the meeting. The agenda may be obtained at the Administration Office between the hours of 8:00 a.m. and 5:00 p.m. The agenda is also available from a link on the District’s website: www.marion. k12.fl.us.
Persons wishing to address the Board should register with the Chairman prior to 7:40 a.m.
Any person deciding to appeal any decision made by the Board at the meeting will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence on which the appeal is to be based.
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT, IN AND FOR MARION COUNTY, FLORIDA.
IN RE: THE ESTATE OF DIANE L. LUTHER, Deceased.
CASE NO: 2024-CP-2156
NOTICE TO CREDITORS
The name of the decedent, the designation of the court in which the administration of this estate is pending, and the file number are indicated above. The address of the court is 110 N.W. 1st Avenue, Ocala, FL 34475. The names and addresses of the personal representative and the personal representative’s attorney are indicated below.
If you have been served with a copy of this notice and you have any claim or demand against the decedent’s estate, even if that claim is unmatured, contingent or unliquidated, you must file your claim with the court ON OR BEFORE THE LATER OF A DATE THAT IS 3 MONTHS AFTER THE DATE OF THE FIRST PUBLICATION OF THIS NOTICE OR 30 DAYS AFTER YOU RECEIVE A COPY OF THIS NOTICE.
All other creditors of the decedent and other persons who have claims or demands against the decedent’s estate, including unmatured, contingent or unliquidated claims, must file their claims with the court WITHIN 3 MONTHS AFTER THE DATE OF THE FIRST PUBLICATION OF THIS NOTICE. ALL CLAIMS NOT SO FILED WILL BE FOREVER BARRED. EVEN IF A CLAIM IS NOT BARRED BY THE LIMITATIONS DESCRIBED ABOVE, ALL CLAIMS WHICH HAVE NOT BEEN FILED WILL BE BARRED TWO YEARS AFTER DECEDENT’S DEATH.
The date of death of the decedent is: August 16, 2024. The date of first publication of this Notice is September 13, 2024.
Attorney for Personal Representative: JOSHUA L. MOSES Richard & Moses, LLC Florida Bar No. 119304 808 E Fort King Street Ocala, FL 34471 (352) 369-1300 Primary Email: Josh@RMProbate.com
Personal Representative: KIMBERLY JOHNSON 77 North Hanford Avenue Jamestown, NY 14701
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT, IN AND FOR MARION COUNTY, FLORIDA. IN RE: THE ESTATE OF EVELYN A. CORNWELL, Deceased. CASE NO: 2024-CP-1811 NOTICE TO CREDITORS
The name of the decedent, the designation of the court in which the administration of this estate is pending, and the file number are indicated above. The address of the court is 110 N.W. 1st Avenue, Ocala, FL 34475. The names and addresses of the personal representative and the personal representative’s attorney are indicated below.
If you have been served with a copy of this notice and you have any claim or demand against the decedent’s estate, even if that claim is unmatured, contingent or unliquidated, you must file your claim with the court ON OR BEFORE THE LATER OF A DATE THAT IS 3 MONTHS AFTER THE DATE OF THE FIRST PUBLICATION OF THIS NOTICE OR 30 DAYS AFTER YOU RECEIVE A COPY OF THIS NOTICE. All other creditors of the decedent and other persons who have claims or demands against the decedent’s estate, including unmatured, contingent or unliquidated claims, must file their claims with the court WITHIN 3 MONTHS AFTER THE DATE OF THE FIRST PUBLICATION OF THIS NOTICE. ALL CLAIMS NOT SO FILED WILL BE FOREVER BARRED.
EVEN IF A CLAIM IS NOT BARRED BY THE LIMITATIONS DESCRIBED ABOVE, ALL CLAIMS WHICH HAVE NOT BEEN FILED WILL BE BARRED TWO YEARS AFTER DECEDENT’S DEATH.
The date of death of the decedent is: March 27, 2023.
The date of first publication of this Notice is September 20, 2024.
Attorney for Personal Representative: JOSHUA L. MOSES Richard & Moses, LLC Florida Bar No. 119304 808 E Fort King Street Ocala, FL 34471 (352) 369-1300 Primary Email: Josh@RMProbate.com
Personal Representative: HAROLD F. CORNWELL, JR. 6539 Shivering Shores Lane St. Cloud, FL 34771
Location
NOTICE OF A SCHOOL BOARD ADMINISTRATIVE BRIEFING AND WORK SESSION
Notice is hereby given that the School Board of Marion County, Florida, will meet in a work session on Thursday, October 3, 2024, at 9:00 a.m. The meeting will be held at the MTI Auditorium, 1614 E. Ft. King Street, Ocala,
Location Marion County, Florida NOTICE UNDER FICTITIOUS NAME LAW PURSUANT TO SECTION 865.09, FLORIDA STATUTES NOTICE IS HEREBY GIVEN that Sandhills Global, Inc. will engage in
Location Marion County, Florida NOTICE UNDER FICTITIOUS NAME LAW PURSUANT TO SECTION 865.09, FLORIDA STATUTES NOTICE IS HEREBY GIVEN that Sandhills Global, Inc. will engage in business under the fictitious name Other Stock, with a physical address
Forest powers past Vanguard in volleyball Wildcats earn rivalry win in
sweep of youthful Knights.
By Mark Pinson
Special to the Ocala Gazette
Having to play an away match in a hostile and loud environment might intimidate some teams. Not the Forest volleyball team, which welcomed the challenge of taking on rival Vanguard in the Knights’ cozy and packed gymnasium.
Forest junior Kyndall Seek and sophomore Lexie Quash each had a match-high 10 kills to lead the Wildcats to a sweep of a young Vanguard squad by scores of 25-13, 25-7 and 25-13 on Sept. 12. The win improved Class 7A Forest to 6-8 on the season.
“It was a good team win and this is one of the best volleyball rivalries in the state,” Wildcats coach Jimmy Collins said. “It was loud in here and we came out a little tight and made some early errors but finished the first set really strong. From then on, we played really well. Kyndall and Lexi had big nights. Lexi has always been a middle hitter but with our injuries this year she moved to outside hitter and is playing really well and I’m very proud of her.”
The loss dropped Class 5A Vanguard, which won state volleyball championships in 2012 and 2018, to 3-9 overall.
“We are a fairly young team,” said first-year Knights coach Douwyna Montalvo. “We have a lot of freshmen and sophomores who are learning and improving with each match they play. We don’t have much height but the girls hustle and play hard all the way until the last point. We want to keep working hard and build the program back up.”
The first set was the most competitive with Vanguard playing on even terms with Forest in the early going. Vanguard
outside hitter senior Sarah Beville, who had a team-high seven kills, scored a pair of points with well-placed spikes to tie the score at 8.
Forest proceeded to go on a 16-5 run sparked by strong serving by senior Avery O’Cull and numerous spikes by Seek and Quash against the smaller Vanguard front line. Seek drilled a cross-court kill shot to seal the first set for the Wildcats.
Vanguard, a scrappy squad, struggled with the taller Forest front line in the second set as Seek had three kills and freshman Addison Owens added three service aces as the Wildcats stormed out to a 12-1 advantage.
Vanguard played hard and there were several long rallies, but Forest continued to dominate at the net and eased to the second-set victory.
The Knights came out fired up for the third set and tied the score at 4 after a spike by freshman Ava Light and a block by senior Lillian Hart.
Forest took command as juniors Ava Robinson and Mae Owen had kills and Vanguard committed several miscues. The Wildcats took a 17-7 lead on a beautiful cross-court spike by Quash.
Fittingly, the match ended on a service ace by Seek for a final score of 25-13.
“I know Vanguard is a little down this year but there is nothing like this rivalry,” coach Collins said. “The two fan bases and the students make this special. It’s an honor to be able to play in this environment.”
Forest, which has played a very tough schedule to prepare for the postseason, is back in action on Monday night with a home match against Matanzas High School (Palm Coast).
“We’ve played one of the toughest schedules in the state,” coach Collins said. “Our goal is to get better every day.”
“It was a good team win and this is one of the best volleyball rivalries in the state.”
On View Now
STRIKING POSES
Collection
“Striking Poses” features a selection of portrait photography from the permanent collection that highlights both the individuality of the subjects and the unique artistic perspectives of renowned photographers, including Anne Noggle, Edward Weston, Brett Weston, Mary Ellen Mark and more.
“Richard Rudisill,”
Photos by Bruce Ackerman Ocala Gazette
Left to right: Forest’s Lainey Kendrick (3) and Ava Robinson (10) jump to block a spike from Vanguard’s Sarah Beville (20) during a volleyball match at Vanguard High School in Ocala on Thursday, Sept. 12, 2024. Forest’s Mae Owen (8) spikes the ball past Vanguard’s Anya McGhee (34).
Forest’s Gracie Martineau (14) and Avery O’Cull (2) combine to block a Vanguard spike.
Jimmy Collins Forest Wildcats Coach
Forest’s Lexie Quash (13) battles at the net with Vanguard’s Lillian Hart (8) and Valeria Guzman (9) during a volleyball match at Vanguard High School in Ocala on Thursday, Sept. 12, 2024.
West Port eases past Vanguard in volleyball
Wolf Pack hold off Knights to sweep season series.
By Mark Pinson Special to the Ocala Gazette
After playing each other earlier in the season, West Port and Vanguard showed vast improvement as they met for the final time on Sept. 17.
West Port, which won the earlier clash, displayed consistency and accuracy in setting the ball for its talented front line led by sophomore Gaveena Smith, who had a match-high 10 kills to lead the Wolf Pack to a 25-20, 25-17, 23-25, 25-17 win over a small but scrappy Knights squad.
“We got the win which is always nice,” said West Port coach Mike Rasdall. “This was our ninth match in eight days, and we’re hit with an injury bug right now. We’ve got the in-county tournament next week so we’re working on some new plays and a few wrinkles. We are more than halfway through the season, and I like where we’re at as a team.”
Vanguard, which was swept by West Port in their first meeting, showed great resiliency and grit in making this a much more competitive match.
“The girls played hard, but we came up a little short,” said Knights first-year coach Douwyna Montalvo. “We are a really young team and we’re having some communication issues. I’m trying to get them to believe in themselves and have confidence when they play but it’s a process we’re all going through.”
West Port, which improved to 9-7 overall, had its hands full in the first set as the score was tied at 13 before the Class 7A Wolf Pack began to pull away. Junior Joslynn Galvan had five of her nine kills and Smith added four kills and a key block
to reach set point and Galvan drilled a spike to seal the 25-20 win.
The second set saw West Port ease to a 9-6 lead before Wolf Pack senior Abbey McClinton sparked a 9-0 run with a block and several well-placed serves, Senior Almarelis Malava had two kills and junior Karelis Molina contributed a pair of service aces to make it 17-6.
Class 5A Vanguard, which dropped to 3-9 on the season, made a run as senior Lillian Hart had three of her team-high nine kills and Payton Donahue had a service ace, but West Port’s Smith hammered back-to-back spikes to sew up the set by a score of 25-17.
The third set looked to be a Vanguard rout as the Knights played well as a team and stormed out to a commanding 22-8 lead as Hart had a block to go with five kills and senior Sarah Beville added three kills of her own.
But incredibly, West Port clawed its way back into the match and closed within one point, but a Wolf Pack spike sailed long to give the set to Vanguard.
The final set saw West Port take an early 12-5 lead as Malave had a service ace and Smith and Molina scored points at the net.
Vanguard refused to go quietly and closed to within 18-16 as Beville had two service aces and libero Dorimar Villegas, who finished with 15 assists, set up Hart for a pair of kills.
West Port’s McClinton settled things down with three consecutive ace serves. Vanguard committed a
“We are a really young team and we’re having some communication issues. I’m trying to get them to believe in themselves ...”
Douwyna Montalvo Vanguard Knights Coach
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couple of miscues and Malave unleashed an ace serve to clinch the set and the match for the Wolf Pack. West Port is back in action on Sept. 23
when the Wolf Pack play North Marion in the first round of the county tournament being held at Forest High, while Vanguard will take on Belleview on Sept. 23 at Forest.
Left to right: Vanguard’s Ava Light (32) goes up for a hit against West Port at West Port High School, in Ocala on Tuesday, September 17, 2024. Vanguard’s Sarah Beville (20) gets the ball past West Port’s Kiara Rivera (10) and Joslynn Galvan (1). [Cyndi Chambers/ Special to the Ocala Gazette] 2024.
Wolfpack’s Abbey McClinton (21) sets the ball. [Cyndi Chambers/ Special to the Ocala Gazette] 2024.
Team members as they appear from left to right: David Hooper, Lisa Miller, Kathryn Thomas, Joe Vorwerk, Nick Blaser, Tom Ingram, Nataya Foerster, Patty Ingram, Josh Radeker
All bids will remain an open offer and may be accepted by the School Board and will remain open for acceptance for a period of sixty (60) days from October 30, 2024.
Per Florida Statute 119.071, sealed bids received in this competitive solicitation are exempt from public inspection until notice of an intended decision is made or until 30 days after opening the bids, whichever is earlier. The bid opening will take place on November 12, 2024. The School Board reserves the right to accept or reject any or all bids or parts thereof, or to waive any informalities therein, or to accept other than the highest bid
