Because I grew up in Florida’s white-sand Panhandle, I consider myself a connoisseur of our most beautiful beaches. Trust me when I tell you the ones in Fernandina Beach are quite lovely — 13 miles of pristine quartz sand at the tip of Amelia Island, fronting the Atlantic Ocean close to the Georgia border.
A couple of years ago, “Southern Living” named Fernandina one of the South’s Prettiest Towns, in part because of its 52-block historic district that includes Florida’s oldest bar, the Palace Saloon. Adding to the enjoyment of my visit there, Fernandina is the birthplace of Florida’s modern shrimping industry, and I love shrimp as much as Forrest Gump’s Army buddy Bubba.
So, imagine my surprise when I heard that the multinational corporation Rayonier wants to build a factory there. Not just any factory, either. It’s a bioethanol plant that would produce about 7.5 million gallons of the alternative fuel each year.
Not everyone in Fernandina Beach is thrilled about this.
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“We’re not against ethanol,” Julie Ferreira of the Sierra Club’s Nassau County chapter told me this week. “We’re just against where they want to put it.”
Among other things, opponents are worried about the tendency of such plants to blow up. In just the past two years there have been ethanol plant explosions in Iowa, Illinois, Nebraska, Kentucky, Wisconsin, and South Dakota.
Six explosions in two years — that’s not exactly a reassuring safety record.
The city’s comprehensive plan for future growth specifically says no chemical or petroleum plants are allowed to be built in Fernandina Beach. The city’s own attorneys said that means Rayonier can’t legally build this plant in the city.
But Rayonier disagrees, contending that its plant would not use chemical processes and thus isn’t covered by the comp plan. Its efforts have been aided by its connections with some powerful folks. That includes the mayor, who coincidentally works for Rayonier.
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So far, the company has the upper hand in this fight — thanks in large part to our fine Florida Legislature, which recently changed the rules on challenging pollution permits.
Picture David versus Goliath, except David has to tie one hand behind his back, because of course the Legislature felt sorry for poor Goliath.
Just like beer
Rayonier built its first plant in Fernandina in 1937, so it kiiiiind of fits with the historic district.
That plant is a pulp mill, turning wood into paper products. It employs more than 300 people.
A year ago, the company proposed using a sugar byproduct of the pulp process to create ethanol, which is used not only as a fuel additive (more than 98% of gasoline in the U.S. contains some) but also as food coloring and a solvent. Rayonier proposed this because “there is growing demand for renewable alternatives to petroleum-based products,” company spokesman Mark Homans told me. “We’ve operated in Fernandina Beach for nearly 85 years. To stay competitive, we have to keep innovating.”
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“Fundamentally, the process … is the same fermentation process used to make beer,” the company’s attorneys contended in a legal motion. Somehow, though, breweries don’t blow up nearly as often.
Ethanol “is a cleaner, greener alternative to fossil-fuel based gasoline and will help sustain 300 good-paying local manufacturing jobs, be good for local property values, and support the economy in Fernandina Beach,” the company boasted on its website. It even promised that the ethanol plant would lower the amount of harmful air pollution now spewing from the pulp mill.
I’d contacted Rayonier officials to ask for their safety plans for this $50 million grenade — er, excuse me, plant. Homans told me the plant “will include a dedicated fire suppression system and continuous monitoring technology and will also have its own concrete containment area. … It will fully comply with all local, state, and federal regulations.” That last part sounds, as one notorious Florida grifter put it, like “a concept of a plan.”
In March, the Florida Department of Pitiful Shrugs — er, excuse me, “Environmental Protection” — issued a notice that it intended to approve the plant’s air pollution permit. That spurred 150 residents to crowd into what the local paper described as a “country-western themed auditorium” to figure out how to fight back. Yee-haw!
Not joining the fight: Fernandina Beach Mayor Bradley Bean. He’s the son of U.S. Rep. Aaron Bean, who is such a great friend of nature that the League of Conservation Voters gave him a lifetime score of 0%. Clearly, the apple didn’t fall far from the poisonwood tree.
LinkedIn shows the mayor is employed as a storeroom supervisor at the Rayonier pulp plant. He’s also a huge fan of his employer’s ethanol plans.
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“This is a huge, huge environmental win locally and globally,” Bean told the Nassau County Chamber of Commerce in August. “The environmental win locally is the significant reduction in emissions. … I think with that being said, it’s a no-brainer when it comes to what we currently have versus the final state.”
He added that the opponents were spreading ” a lot of misinformation out there about safety.” That comment particularly ticked off Tom Budd, president of No Ethanol Fernandina, who said any misinformation was coming from proponents of the plant.
“This product should not be produced on a barrier island, so close to residences, schools, churches, and our historic downtown,” Budd told the Fernandina Observer.
But soon Budd had to back down, thanks to Florida lawmakers.
A Looney Tunes plan
When I talked to Budd this week, he told me he was directly affected by Rayonier’s ethanol proposal.
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“I live in the shadow of the plant,” the onetime New Jersey tavern owner told me. “When I learned they wanted to add this to the plant, I was curious, so I started to learn about it.”
He not only attended a happy-talk town hall that Rayonier put on, he invited Rayonier officials to visit his home and explain it to him. The main question he asked was a variation on the one Sir Lawrence Olivier asks Dustin Hoffman in “Marathon Man”: “Is it safe?”
The more he heard, the less he liked what was in the works. That’s how he wound up as the head of the No Ethanol Fernandina coalition.
“It became obvious to me that this was a Looney Tunes plan,” he told me.
No Ethanol Fernandina’s first step: challenge the ethanol plant’s DEP pollution permit. Their attorney filed for a trial in front of a judge from the state Division of Administrative Hearings.
“This project did not meet … applicable statutes and regulations required for preconstruction review.,” the attorney, Ralf Brookes, wrote in the petition for the hearing.
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Budd had a professional chemist lined up to testify to the problems with the permit, and at no charge to the organization, either. The case was as good as they could make it — not to stop the plant, but to ensure it would be required to be as safe as possible, Budd explained.
The frequently finicky division agreed that Budd’s petition raised legitimate questions that deserved a fuller investigation. The hearing was set for Nov. 18-20, and in Fernandina Beach to boot.
The two sides took depositions from the witnesses and filed what attorneys call “interrogatories,” which is a $200 word meaning “questions.”
Rayonier refused to provide answers, claiming everything about its manufacturing process was proprietary and confidential. Budd and Brookes had to ask the judge to straighten that out.
But then Rayonier played its ace in the hole, one provided by the Legislature.
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The company’s stable of high-priced attorneys from Lewis, Longman and Walker notified Budd and Brookes that they would file a motion for sanctions to punish them for what they called a “frivolous” lawsuit.
That would mean Budd and Brookes would be on the hook for Rayonier’s legal fees, estimated at $300,000.
Brookes, a sole practitioner, said he couldn’t risk that. He withdrew from the case.
Budd’s own family members who are in the legal profession in other states told him the motion had no merit. But Budd said he couldn’t find anyone else in Florida who would take over the case.
“I don’t know how I could go forward without an attorney,” Budd told me. “So, I had to withdraw.”
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Now there will be no hearing on the permit and nothing to stop DEP from issuing a flawed version to let the project continue.
Balanced like the Leaning Tower
The law that allowed Rayonier’s corporate attorneys to make such an outrageous claim was the brainchild of state Sen. Danny Burgess, R-idiculous, who happens to be a corporate attorney himself in Pasco County.
You may recall that Burgess sponsored one of the worst environmental bills last year, one that would have gotten rid of local regulations for cleaner water and protection of wetlands. Thank heaven that one failed to pass.
This bill, however, did pass and Gov. Ron “I Saved Everyone from Stinky Weed Even Though It’s More Popular Than I Am” DeSantis signed it into law without a qualm.
It called for environmental groups and residents to be forced to pay the legal fees for companies and state agencies if they challenge state environmental permits and lose. Before this bill, losing a challenge only involved such a risk if the case was clearly frivolous.
“Whoever is sponsoring that bill — why don’t they just come out and admit they don’t want there to be environmental regulation in Florida?” one environmental attorney commented to Politico when it was first filed.
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Burgess called that hyperbole. He claimed it was “a balanced bill,” which is true only if you think the Leaning Tower of Pisa is balanced.
Burgess’ bill marked one more way our legislators have tilted the law in favor of their donors — major corporations like Rayonier, rapacious developers, phosphate miners, Big Sugar — and against anyone who dares to stand in their way. Their goal: Discourage dissent, which can slow down construction plans and cost money.
But Budd told me the Fernandina fight isn’t furnished.
Elections have consequences
The first step happened Tuesday, when Mayor Bean lost his bid for reelection to the city commission.
The no-brainer mayor was beaten by Joyce Tuten, a retired science teacher who volunteers for sea turtle patrol, shorebird nest protection, and horseshoe crab tagging. She’s made it clear that she’s not a Rayonier fan, as Bean has been.
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When she first heard about Rayonier’s ethanol plans, she told a Jacksonville TV station, her reaction was, “Whoa, wrong location.”
Bean wasn’t the only loser in the commission races, either.
“Every race was won by candidates who favor No Ethanol Fernandina,” Budd told me.
With no one challenging the DEP permit, the crucial decision now is the city building permit. But that permit doesn’t require a vote of the city commission, Budd said. Instead, the decision to issue it or not would fall to the city manager, who works for the city commission.
The just-hired city manager is a woman named Sarah Campbell. She’s married to Congressman Bean’s district director, which may have helped with her hiring.
Campbell replaced a guy named Dale Martin, who was fired last year on a 3-2 vote led by Bean. I’m told Martin was opposed to the ethanol plant because he’d worked in Savannah in 2008 when the Imperial Sugar plant there exploded.
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While the decision now seems to be up to Campbell (who starts the job later this month), there’s a catch. Any official who wants to approve the ethanol plant permit will first have to find a way around the comprehensive plan’s ban on chemical plants. It’s either that or amend the plan, Budd said. The latter would require a vote by the commission.
In short, he said, despite withdrawing his permit challenge, “I’m still in the fight.”
I wish Budd and his allies the best of luck. But I’m sure someone in Tallahassee is monitoring the situation and plotting how to tip the scales of justice juuuuust a little further in favor of those unpopular, occasionally exploding polluters. I’m as sure that’s happening as I am that there’s lots of sand at the beach.
(WSVN) – If we told you this all happened in one area, you might say no way. Sued by a police officer who tripped on your property? Fined a million dollars by the city? All of it, and more, happened in South Florida, and it’s why we bring in Help Me Howard with Patrick Fraser.
Only in South Florida can you get out of the car to help your daughter unload her luggage and be breaking the law.
Matthew Zifroney: “Popped the trunk, I took one of her bags out, walked it over to the curbside, dropped the bag off.”
When Matthew walked back to his car at Fort Lauderdale-Hollywood International Airport, he was met by a Broward Sheriff’s Office deputy.
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Matthew Zifroney: “And the officer said, ‘Why didn’t you respond to me when I was screaming out, who owns this car?’ And I said, ‘I’m real sorry, I didn’t hear you, I was 10 feet away, helping my daughter.’”
Ten feet away from his car, but the officer said he abandoned the vehicle.
Matthew Zifroney: “He said, ‘Ticket em,’ and I said, ‘Ticket me? Because I didn’t hear you call out for me?’ And he goes, ‘Yep, you’re being ticketed.’”
Matthew is an attorney and decided to fight the ticket. He told his side. The hearing officer’s conclusion?
Matthew Zifroney: “And she said, ‘Thank you. I’m confirming the ticket.’ And I said, ‘You’re confirming the ticket? I didn’t do anything wrong.’ ‘Sir, I’m confirming the ticket.’”
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As we watched the hearings again and again, we saw people who got citations for unloading luggage at the curb. Listen to the hearing officer’s conclusion.
Woman: “I was taking my mother’s suitcase out of the car, back of the car and dragging it to the curb.”
Hearing officer: “You cannot leave the vehicle, even by one foot, to take it inside. OK?”
One foot out of the car, even though an ordinance does allow “loading or unloading of passengers or luggage.”
Howard’s conclusion?
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Howard Finkelstein, 7News legal expert: “The code seems to indicate that the officers and hearing officers are wrong and misinterpreting the code, because you have a right to take passengers and the luggage to the curb.”
Last week, I emailed the hearing officer. She didn’t respond.
BSO said they only ticket abandoned cars, but Matthew said he was 10 feet from his car when he got the violation for abandoning the vehicle.
Matthew Zifroney: “A lot of people out there that are going to do what I did, that are doing nothing wrong, and they’re going to get tickets. I’m hoping that by me speaking out, we put a stop to that.”
We will see, Matthew. And from the “Only in South Florida,” meet Richard, who unfortunately has a problem with a Miami Police officer.
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Richard Garcia: “My daughter said he just fell and went to the ground next to the pool table.”
The Garcias had called 911. Police and fire rescue responded. In their house, they have a pool table in a room you step into.
The officer, Miguel Angel Mercado, said he hurt his wrist when he fell on the floor.
Richard Garcia: “No, it didn’t look serious, it didn’t look serious. I mean, he was fine. He was doing everything else.”
But the officer is suing the Garcia family for over $100,000. Howard says he will lose, because the sunken living room is easy to see, but the court battle is the real pain to Richard.
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Richard Garcia: “I felt kind of betrayed. I mean, you call rescue in the City of Miami to come to your house, and they turn around and they sue you because they weren’t paying attention?”
Speaking of feeling betrayed, Denny can sympathize.
Denny Dorcey: “It’s like having a bomb dropped on me. I just couldn’t believe it.”
Denny lives in Oakland Park and was notified the city was fining him $1,097,400 for violations that occurred before he bought his house.
Denny Dorcey: “Petty things like overgrown weeds, trashing the carport.”
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The city waited 10 years to notify Denny about the prior owners’ violations, allowing the fines to grow $1 million-plus.
Denny Dorcey: “Devastating, wiped out. I felt like I was dead, but I was still alive.”
We contacted the city, pointed out that since Denny bought the house in foreclosure, that wiped out the lien and the fines.
The city agreed, and the $1 million penalty was eliminated.
Denny Dorcey: “Without you guys, they would have destroyed my life completely. There’s no doubt in my mind.”
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Denny can restore cars, cabinets, you name it. We restored his faith in people.
Denny Dorcey: “Thank God. Thanks to you — Howard, Channel 7 News and Help Me Howard, man. You guys are like my guardian angels.”
Thank you, Denny, but I think the only person who called us holy was looking at our jeans.
Since Denny’s story aired, we have heard from more people in Oakland who said they got letters claiming they owed enormous sums of money for old violations. It’s not going to be a merry Christmas for a lot of Oakland Park homeowners.
Dealing with some bad luggage? Need somebody to police things for you? Don’t sue. Contact us. We don’t have a million ways to help you, but we only need one.
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With this Help Me Howard, I’m Patrick Fraser, 7News.
CONTACT HELP ME HOWARD: Email: helpmehoward@wsvn.com Reporter: Patrick Fraser at pfraser@wsvn.com Miami-Dade: 305-953-WSVN Broward: 954-761-WSVN
Copyright 2024 Sunbeam Television Corp. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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The transfer portal continues to generate moves in the NCAAF, even now during crucial moments for the season’s conclusion. The Texas Longhorns, led by Steve Sarkisian, surprisingly lost one of their WRs this fall, who was a key piece alongside Quinn Ewers and Arch Manning. All signs point to his destination finally being Gainesville, where he would join Billy Napier’s Florida Gators.
Johntay Cook arrived at Texas in 2023 from DeSoto High School and, during his time with the Longhorns, became an important player on the offense. However, surprisingly, he decided to leave the program and, after several meetings, could end up with the Gators to help DJ Lagway have a great campaign next season.
The news was reported by Pete Nakos on On3’s, who made it clear that while nothing is confirmed, all signs point to Cook continuing in the SEC next year, specifically wearing the Florida Gators’ jersey.
“Coming off trips to Florida and Washington, the momentum sits with the Gators as Johntay Cook was able to spend one-on-one time with true freshman star DJ Lagway,” Nakos said. “I’ve logged a prediction for Cook to land in Gainesville.”
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Johntay Cook II 1 of the Texas Longhorns warming up before the game vs the UL Monroe Warhawks at DKR-Memorial Stadium.
Cook ends his Longhorns career with just 16 catches for 273 yards and two touchdowns across two seasons. If his move to the Gators is confirmed, the WR will face his former team on October 4, 2025, in Gainesville.
Sarkisian doesn’t want to repeat mistakes in the matchup against Arizona State
On January 1st, the team lead by Quinn Ewers will face the Arizona State Sun Devils in a Peach Bowl matchup. In this high-stakes game, head coach Steve Sarkisian knows they must minimize the margin for error following their recent games against Georgia and Clemson.
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“We had a real come to Jesus meeting after the SEC Championship game when we essentially lost that game because of the penalties,” Sarkisian said to the press. “We just said we’re not going to do that anymore, and we’re going to play as clean football as we can play, as fundamentally-sound football as we can play. Still be aggressive. We never want to lose our stinger, we never want to lose our aggressiveness, but we can play smarter.“
“I critiqued one of the penalties that we got today, you can’t hit the quarterback late, and that was one of our two penalties Saturday,” Sarkisian said. “So we are continually trying to preach playing smarter football as well as playing hard and playing tough and playing physical. But quite frankly, that just came out of a come to Jesus meeting coming out of the SEC championship game.”
Texas head coach Steve Sarkisian looks on during the first half of the college football game between the Texas A&M Aggies and the Texas Longhorns on November 30, 2024 in College Station, Texas.Texas head coach Steve Sarkisian looks on during the first half of the college football game between the Texas A&M Aggies and the Texas Longhorns on November 30, 2024 in College Station, Texas.
Zac Swanson seeks redemption against the Horns
When the Longhorns face the Sun Devils on January 1st, they will see many familiar faces on the opposing team. One of them is none other than Zac Swanson, who once wore the Texas colors and left the program under unfavorable circumstances.
When asked about the situation where Swanson will face his former team, he didn’t hold back in his response: “That’s my dream…That’s a team that kicked me out,” Swanson said. “They said if you want to stay at Texas, you might as well quit football and just go to school here. So, a lot of motivation there for me.”
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Rather than wanting to confront, Sarkisian spoke to the press and expressed his happiness that his former players could be part of this great game: “For them to be in the quarterfinals of the CFP, I’m really happy for those guys,” Sarkisian said. “Our players were talking about it today, so and so, you know that name started popping up again today. I do think that’s the era of college football where we’re at now.”
Twas the night before Christmas, when all through the house Not a creature was stirring, not even a mouse; The stockings were hung by the chimney with care As South Florida won the Hawaii Bowl by a hair.
As much of the nation’s children were sleeping with dreams of Santa, the Bulls were winning one of the wildest games of bowl season, a five-overtime, 41-39 thriller over San José State in the Hawaii Bowl. It was the NCAA’s first bowl or postseason game to go more than three overtimes.
The game nearly ended in a back-and-forth regulation, however, as South Florida got the ball back with less than a minute left and down by three points. A good punt return and pair of first downs got them into field goal territory, at which point kicker John Cannon got a charitable bounce to tie the game.
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Overtime then developed into a classic college football shootout, with the teams exchanging touchdowns, then field goals, then two-point conversions, then failed two-point conversions. With each set of plays, the game inched toward midnight ET, until it was finally Christmas for much of the country.
The game ended a half-hour later, when USF converted its two-point attempt and got the stop it needed.
USF got the win despite being outgained 441-291 and gaining only 1.6 yards per rush. Its biggest plays came on special teams and defense, including a 93-yard kick return touchdown by Ta’Ron Keith. USF quarterback Bryce Archie finished 24-of-34 with 235 passing yards and an interception.
It was the kind of game designed for the people who want to spend the final hours of Christmas Eve cheering for a tug-of-war between two Group of 5 programs. The win gives South Florida back-to-back winning seasons and bowl wins, having gone 7-6 last year with a win in the Boca Raton Bowl.