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Florida lawmakers try to move aquatic preserve’s boundary to benefit developer – Florida Phoenix

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Florida lawmakers try to move aquatic preserve’s boundary to benefit developer – Florida Phoenix


Hollywood is famous for its ability to spin colorful worlds of wild fantasy. Elves and dwarves fight over jewelry in “The Lord of the Rings”! Drug addicts ride giant worms in “Dune”! Old dudes battle with big flashlights in “Star Wars”!

But nothing compares to the unbelievable flights of fancy spun by our fine Florida Legislature. Protecting Confederate monuments is saving history while we ban history books! Rainbow flags are a bigger threat to our children than guns! Lots of plastic litter is better for business than a clean landscape!

Over the weekend, I heard about one that was new to me. It’s a bill to cut a chunk out of one of the state’s aquatic preserves. It’s being pushed as a way to help hurricane victims by clearing up an error on an old map. Actually, it’s being done for the benefit of a developer.

James Douglass via Linkedin

“It’s not a clarification,” said James Douglass, a marine science professor at Florida Gulf Coast University. “It’s a steal.”

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The bill in question is SB 1210, sponsored by Sen. Jonathan Martin, R-Landgrab. As it turns out, Martin’s also the sponsor of the bills to protect Rebel monuments, ban Pride flags, and promote plastic litter. He may be a Fort Myers lawyer by trade, but I think he missed his true calling as a screenwriter. The man clearly has enough imagination for a dozen George Lucases!

I got an earful about Martin’s bill and its House companion, HB 957, from a variety of outraged Southwest Florida environmental advocates. They view it as an attack on one of their area’s most precious natural assets, Estero Bay — a sneak attack, in fact.

“None of us knew what was going on,” said Terry Cain, president of the Estero Bay Buddies, an environmental nonprofit focused on that estuary. “We didn’t have any explanation for what was happening.”

The first preserve

The 13,000-acre Estero Bay Aquatic Preserve, created in 1966, isn’t just any old aquatic preserve. It was the first of Florida’s 42 aquatic preserves.

Jim Beever via Facebook

“It was the first aquatic preserve in the world, and it formed the model for all the rest that would follow,” said Jim Beever, a retired biologist and planner who once headed the Estero Bay Agency on Bay Management.

Back then, the water was so clear, anglers said, that you could drop in a coin and when it landed on the bottom, you could tell if it was heads or tails. The fishing was diverse and the catches plentiful.

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Then, in the 1950s, along came a developer who wanted to turn the beautiful bay into a city of thousands of people. The plan called for walling off 18 miles of the coastline and dumping in 17 million cubic yards of fill. So long to the clear water and the tasty fish.

An avid Fort Myers angler named Bill Mellor, a square-jawed World War II veteran, didn’t like the idea of ruining such a pristine and productive waterway just for someone to make a profit. He organized a group called the Lee County Conservation Association to save Estero Bay.

Mellor’s organization became so popular that more than half the county’s voters joined. They could see the damage being done to other bays around the state and didn’t want that to happen in their own back yard.

They fought for eight years and, according to the Fort Myers News-Press, “along the way, Mellor’s phone was tapped and he gathered a handful of death threats.” Opponents hurled insults at them, like “Communist” — a powerful accusation in the ’50s and early ’60s.

But they won, thanks to a U.S. Supreme Court precedent from the 1800s that said any land below the tide line belongs to the public, not a private owner. That blocked any attempt at filling it in. The Legislature then passed a bill to create the preserve.

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“The Legislature listened to the citizens,” Beever said. (Boy, how times have changed!)

Estero Bay’s preserve worked so well that in 1975 lawmakers passed a second bill to establish other preserves around the state. Our aquatic preserve system now protects about 2.2 million watery acres.

By sparing Estero Bay, Mellor and his fellow advocates made sure it would be one Florida waterway where you can still find lots of mangroves and seagrass beds, with abundant marine and bird life all around.

“For years, everything had been operating just fine,” Beever told me.

And then, last fall, came the first inkling of trouble.

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As fictional as the Skywalker saga

Maybe it’s because I’ve been a Florida journalist for such a long time, but it seems to me that whenever people try to hide what they’re up to, what they’re up to is no good.

Everyone I talked to about Estero Bay said the first clue there would be an attack on the preserve arrived in November. That’s when they saw a cryptic public notice in the Fort Myers News Press.

“Notice is hereby given,” it said, “of intent to apply to the Florida Legislature, in the 2024 regular or any special or extended legislative sessions, for passage of an act relating to aquatic preserves, amending Chapter 75-172 or Section 258.39(28), Florida Statutes, relating to the boundaries of the Estero Bay Aquatic Preserve.”

That was it. A big wad of gobbledygook with no specifics about what sort of change there would be or who would be pursuing it.

Nicole Johnson via Conservancy of Southwest Florida

“No one knew what it was,” said Nicole Johnson of the Conservancy of Southwest Florida.

Phone calls and emails to the region’s lawmakers went unanswered, and other elected officials professed ignorance.

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The Lee County legislative delegation held not one but two public meetings to talk about their bills for the coming session. The boundary of the Estero Bay Aquatic Preserve didn’t come up once. The lawmakers’ intentions remained hidden.

“It seems blatantly obvious that they were trying to sneak this through before anybody caught on,” said Charlie Whitehead, former president of the Fort Myers Beach Area Civic Association.

But then, just after New Year’s Day, Martin and Rep. Adam Botana of Bonita Springs filed the bills that revealed the plot at last..

“This cuts 255 acres out of the aquatic preserve,” said Cain. She called that large of an amputation “radical.”

But Martin, in two Senate committee hearings, said it was just a correction to a teeny-tiny mapping mistake.

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State Sen. Jonathan Martin. Credit: Florida Senate

“This [area] was never intended to be part of the aquatic preserve,” Martin told the Senate Appropriations Committee on Agriculture, Environment, and General Government last week. “This fixes that glitch.”

He told them the “glitch” was hurting shrimpers on San Carlos Island. The shrimpers there boast of being the Gulf of Mexico’s largest commercial fishing fleet. Because of the preserve rules, they couldn’t rebuild the docks that had been wrecked by Hurricane Ian, he told his fellow senators.

That’s why those poor storm victims needed the Legislature’s help, he explained. By taking their little sliver of the bay out of the preserve, the lawmakers could help these poor commercial fishermen rebuild their multi-generational livelihood.

Sen. Martin spun a similarly sad tale to the Senate Environment and Natural Resources Committee last month. He didn’t hand out hankies to committee members, but that was about all he didn’t do as he labored to emphasize the purity of his intentions.

Because he pitched his bill as a mundane matter to help storm victims, neither committee spent more than five minutes on it and everyone in both parties voted for it. Although Botana’s bill has stalled, Martin’s has just one more committee stop before it reaches the Senate floor.

There’s one problem with Martin’s story to his fellow senators: It’s as fictional as the saga of the Skywalkers.

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“It’s just blatantly false,” Whitehead said. “I hate to call the man a liar, but he’s a liar.”

No glitch at all

Let’s start with what the bill will actually do to the preserve.

According to the Estero Bay Buddies, the proposed exemption includes not only the commercial docks Martin mentioned “but the waters and seagrasses of Matanzas Pass, the mangrove forest areas of the west end of San Carlos Island, the entire northern shoreline of San Carlos Island, and the waters, seagrasses, and mangrove islands of Hurricane Bay. All these submerged resources that have been afforded protection for over 58 years will lose that protection.”

You can see why Cain called it “radical.”

The rules of the preserve don’t prevent dock repairs for the shrimpers or even maintenance dredging of the channel they use, Cain told me. They can still obtain the state permits they need to fix what the hurricane broke, she said.

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As for Martin’s claim that old maps show that area was never intended to be part of the preserve: That’s what’s technically known as a load of hooey. If Martin was Pinocchio, his nose would be five feet long.

As the son of a land surveyor, I know a little something about land. What counts is what’s in the legal description of the property.

The area that Martin wants to cut out has been included in the legal description of the preserve since its creation in 1966, according to the Estero Bay Buddies. If it was intended to be excluded from the preserve, as Martin claimed, it would not have been mentioned in the legal description. There was no glitch that needed fixing.

“The written legal description is very clear,” Cain told me.

The secrecy around Martin’s and Botana’s bills was a dead giveaway that the lawmakers were pulling a fast one, Whitehead said.

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“If it was legitimately fixing a glitch, then why not vet it through all the public hearings?” he said. “Let all the environmental groups have a chance to comment on it. Instead, they tried to sneak it through.”

So, what’s really going on here?

A favor for a developer, of course.

An award for storytelling

The News-Press figured this out before I did. It reported that there was a planned 300-slip marina project on San Carlos Island called Bay Harbor Marina Village LLC that would be the real beneficiary of the Botana and Martin bills.

To make that marina work, Bay Harbor wants to dredge a sizeable channel through an area that’s been protected for five decades. Among other things, such a channel would likely destroy a large sandbar that’s known as a roosting spot for lots of seabirds.

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Nora Demers via FGCU

“They want to dredge it so people can get their yachts in,” said FGCU biology professor Nora Demers, who told me she likes to watch the wildlife gather on the sandbar.

Such a major dredging project would be devastating not just to the sandbar but to the preserve as a whole, Douglass told me. It would affect the bay’s water quality, the mangroves, the seagrass beds, and the marine life that depends on all of those factors.

Not even the part of Martin’s story about the hurricane is accurate. This marina project started a couple of years before Hurricane Ian hit, according to James Ink, an engineer who’s been working on the project.

“It’s all about the dredging and the ability for the dredging to occur,” Ink told me. “It’s damn near impossible to [get a] permit [for] a dredging project in an aquatic preserve.”

James Ink via Linkedin

Ink said he could see why a lot of people felt blindsided by the attempt to change the preserve boundaries, but that wasn’t his decision. He recommended talking to Martin and Botana about why they chose to make an end run around the public.

I tried to reach both of them, but they were apparently playing another round of legislative hide-and-seek and didn’t respond.

Their attempt to move the Estero Bay preserve’s boundaries to accommodate a developer is indicative of what that whole southwestern region is going through right now, Demers said.

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“We’re at a fork in the road to determine how we recover from the hurricane,” she told me.

The barrier islands can rebuild the way they were or developers can turn them into overpriced concrete condo and hotel canyons that working people like the shrimpers can’t afford, she explained.

This is just another example of how the word “preserve” in Florida doesn’t mean what Mr. Webster’s dictionary says it means. We declare some lovely parcel like Serenova, Split Oak Forest, or Point Washington to be an important preserve. But as soon as some developer needs a piece of it, the “preserve” isn’t preserved anymore.

As for Sen. Martin, if he worked in Hollywood, I’m sure he’d be vying for an Oscar for best screenplay. I think someone should create a similar award to salute his creative storytelling abilities in his current job. How much would it cost for a bust of Pinocchio with an adjustable nose?

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How Florida football and Ron Zook spoiled the Bobby Bowden Field dedication 20 years ago

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How Florida football and Ron Zook spoiled the Bobby Bowden Field dedication 20 years ago


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More than 20 years ago, on Nov. 20, 2004, Florida football rolled into Tallahassee with a lame duck coach and weary team, eager to avenge a loss to rival Florida State from the season before.

What happened on the night that Florida State dedicated the field legendary coach Bobby Bowden inside of Doak Campbell Stadium was surprising to all except those who wore Florida Gators uniforms that day.

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Florida coach Ron Zook had been fired close to two months earlier following a 38-31 loss to Mississippi State, but stayed to coach the team the remainder of the 2004 season while former athletic director Jeremy Foley pursued potential candidates.

Zook wasn’t going to coach the bowl game, so this was going to be his last time patrolling the sidelines for UF.

“It meant a lot to us,” former Florida cornerback Dee Webb said. “We wanted to send him out on a winning note.”

Florida jumped to an early 10-point lead and held on to upset the No. 10 Seminoles 20-13, spoiling Bowden’s honorary night. Florida fans still delight in calling Doak Campbell Stadium “Ron Zook Field.”

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Players carried Zook off the field on their shoulders following the game.

“It’s something you appreciate,” said Zook, who remains in coaching as a special teams analyst at Maryland. “But it was just the players and the coaching staff and everyone putting in the hard work. I just happened to be the guy who got picked up.”

A rocky third season for Florida football coach Ron Zook

Zook faced a monumental task replacing icon Florida football coach Steve Spurrier, who led UF to six SEC titles and the school’s first national title in 1996. Foley hired him for his recruiting acumen even though he entered the job with no college football head coaching experience.

After going 8-5 in 2002 and 2003, Zook entered 2004 squarely on the hot seat. When Florida dropped to 4-3 following a 38-31 upset loss at Mississippi State, Foley fired Zook, who agreed to stay on and coach the team rather than have UF turn the program over to an interim coach on his staff.

“It wasn’t normal from the morning after the Mississippi State game,” Zook said. “We had been a young team and we hadn’t always won, but what helped them as freshman and sophomores is that they were able to grow up and learn to deal with adversity. I think that’s a tribute to the guys.”

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Indeed, after Florida lost 31-24 to rival Georgia in Jacksonville, the Gators won two straight, beating Vanderbilt 34-17 and routing South Carolina 48-14 at The Swamp before its showdown with the Seminoles.

Florida looked to avenge a 38-34 loss to FSU at The Swamp the season before, a game decided on a handful of controversial calls by officials.

“We felt like we could play with anybody,” Webb said. “Our freshman class, go back to our first year there (in 2003), we were the only team that beat LSU that year and they went on to win a national championship, probably 40 percent of them played as true freshman. It was all about being consistent.”

How Florida football upset FSU

Former Florida running Ciatrick Fason, who rushed for 103 yards and a touchdown in the win, said players didn’t know they were honoring the field for Bowden until they got to the game. Bowden, then 75, was still coaching the Seminoles in his 28th season after leading FSU to national titles in 1993 and 1999.

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“I had a pretty good relationship with Coach Bowden,” Zook said. “It was Florida, Florida State so it was always a rivalry game. The crowd was pretty hostile.”

Still, choosing to honor Bowden for the Florida-FSU game didn’t sit well with Fason and the rest of his teammates.

“We’re still the University of Florida,” Fason said. “If they were going to try a team it should have been against one of them ACC schools or something, but not us. So that was our motivation, hey, we’re fixing to spoil the moment.”

Fason recalled knocking an FSU defensive back out of the game as the ‘Noles’ defender tried tackling him early in the game after he caught a screen pass. Still, the wear and tear of leading the SEC in rushing (1,267 yards on 222 carries) led to a foot injury that slowed Fason in the first half. Fason got a shot from a trainer pregame.

“Once that medicine kicked in, that second half, man, I felt like my normal self,” Fason said. “One thing I know about myself is, I run hard. Because I hear the defenders tell me how hard I run, and I heard Florida State defenders saying, he ain’t slowing down. That kept motivating me.”

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Florida built a 10-3 lead at halftime as its defense shut down the Seminoles and strong-armed quarterback Chris Rix in the first half. Webb recalled going across the field to make one of his two pass breakups in the game.

“That was one of the games where I just had a knack for the ball,” Webb said.

Fason rushed for an 8-yard touchdown to put Florida up 20-10 with 4:59 remaining in the fourth quarter.

As a Jacksonville native, Fason said he grew up dreaming of scoring in the Florida-FSU game.

“No matter what team I was playing for I wanted to score a game-winning touchdown in that game,” Fason said.

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After an FSU field goal cut Florida’s lead to 20-13, Zook took a gamble, going for it on 4th-and-inches from his own 26-yard line with 2:35 to play. Chris Leak got the first down for Florida on a quarterback keeper, and UF was able to run enough clock out to preserve the win.

The aftermath of the Florida football upset of FSU

After getting carried off the field, Zook wanted to take a picture of the scoreboard.

“They turned the scoreboard off, like, a minute after the game,” Zook said. “I was with my brother trying to get a picture and we couldn’t get a picture of the final score”

Zook gave players the option to return with the team on the bus or stay in Tallahassee overnight if they had friends there. Webb chose to stay in Tallahassee with his close friend, former Florida safety Kyle Jackson.

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“Kyle Jackson, he’s actually married to his high school girlfriend and she went to Florida State at the time,” Webb said. “Her friends and were cheerleaders so we partied with them.”

The players who chose to return on the bus were greeted by Florida fans in the predawn hours at The Swamp, who cheered at their arrival. A friend of Zook’s opened Ballyhoo’s, a restaurant in Gainesville, for a postgame celebration.

“Our guys were able to get some food and refreshments,” Zook said.

Charlie Strong served as the interim coach for Florida at the Peach Bowl in Atlanta, where the Gators lost 27-10 to Miami. Foley hired Urban Meyer from Utah, who led Florida to national titles in 2006 and 2008.

Of the 22 starters on UF’s 2006 national team, 18 were players that Zook recruited.

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“Coach Zook, he didn’t get a fair shot,” said Webb, who played under Meyer in 2005 before declaring for the NFL Draft. “Had he stayed, we would have gotten two (national titles).”

Zook was hired by Illinois in 2005, where he led the Illini to the Rose Bowl in 2007 but was fired after going 34-51 in seven seasons. Now 70, Zook is working at Maryland under head coach Mike Locksley, who was his running backs coach at UF in 2004.

“It wasn’t the smoothest three years but I still think that coaching at Florida is the best job in America,” Zook said. “I learned a lot about life, how to deal with people.”

Webb played two years in the NFL with the Jacksonville Jaguars and remained in pro football in the CFL and arena leagues until 2015. He’s still involved in football providing lessons for high school players in player development.

Fason played three seasons in the NFL with the Minnesota Vikings (2005-06) and Jaguars (2008). He’s remained in his native Jacksonville as the football coach at Fletcher High School, channeling the lessons he learned from Zook, Locksley and former UF offensive coordinator Larry Fedora.

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“Those three guys were amazing to me and it definitely helped me in high school,” Fason said. “I learned how to recruit, to help get kids into college on the recruiting side …

“I still reach out to all three of them every once in a while, just to see how they’re doing, and you know to get an update on things or get coaching tips. I really appreciate those guys for the rest of my life.”

Kevin Brockway is The Gainesville Sun’s Florida beat writer. Contact him at kbrockway@gannett.com. Follow him on X @KevinBrockwayG1



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Florida woman sentenced to 25 years in prison for shooting neighbor

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Florida woman sentenced to 25 years in prison for shooting neighbor


A white Florida woman who fatally shot a Black neighbor through her front door during an ongoing dispute over the neighbor’s boisterous children was sentenced Monday to 25 years in prison for her manslaughter conviction.

Susan Lorincz, 60, was convicted in August of killing 35-year-old Ajike “A.J.” Owens by firing a single shot from her .380-caliber handgun in June 2023.

The shooting was the culmination of a long-running argument between the two neighbors over Owens’ children playing in a grassy area near both of their houses in Ocala, about 80 miles (130 kilometers) northwest of Orlando.

Prosecutors said Owens had come to Lorincz’s home after her children complained that she had thrown roller skates and an umbrella at them, which Lorincz denied. Trial testimony showed Owens, a mother of four young children, was pounding on Lorincz’s door and yelling, leading Lorincz to claim self-defense in shooting her neighbor.

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Lorincz told detectives in a videotaped interview that she feared for her life. She also said she had been harassed for most of the three years she lived in the neighborhood.

“I thought I was in imminent danger,” she said.

Jurors did not agree with her self-defense claim.

Owens’ family pushed for the maximum prison sentence after Lorincz was convicted by an all-white jury.

“While the pain of losing Ajike, we are hopeful that justice will prevail and that the court will give Susan Lorincz the maximum penalty for her actions,” said Owens’ mother, Pamela Dias, in an email statement before Monday’s sentencing. “Ajike’s legacy will live on through her children, and we will continue to fight for justice.”

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Lorincz’s attorney, Assistant Public Defender Amanda Sizemore, sought a more lenient sentence, an unspecified term below the 11.5 years in prison that is the lowest for her crime under state guidelines. Sizemore said in court documents that there are several reasons to justify a downward departure, including a mental disorder and claims that Owens was the aggressor and under “extreme duress” during the confrontation.

There were protests in the Black community in Ocala when prosecutors took weeks to charge Lorincz with manslaughter, a lesser count than second-degree murder, which carries a potential life prison sentence. Marion County, which includes Ocala, has a Black population of about 12%, according to census figures.



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ESPN Highlights Billy Napier Redemption Arc with Florida Gators

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ESPN Highlights Billy Napier Redemption Arc with Florida Gators


It’s been a good couple weeks for Florida Gators head coach Billy Napier. He’s picked up two long-awaited SEC wins. One is his first win over LSU and another is his first top-10 win since the Gators beat No. 7 Utah in his first game as their head coach. 

ESPN’s Adam Rittenberg made sure to give him some love in their college football Week 13 takeaways. 

He considers Napier, along with Oklahoma’s Brent Venables and Auburn’s Hugh Freeze to have further redeemed themselves with big wins on Saturday. 

“But Napier, Venables and Freeze all strengthened their profiles and elevated hope for the future by leading their teams to signature wins in Week 13.” 

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Rittenberg was impressed by Florida’s continuing to bend but not break on defense and the performance of true freshman quarterback DJ Lagway. This all culminated in what could have spoiled Ole Miss’ playoff ambitions. 

“Napier, whose Florida team had outclassed LSU the week before in The Swamp, likely eliminated Ole Miss from CFP contention with an excellent second half. A Gators defense that struggled early allowed only three points in the final 39 minutes and intercepted Jaxson Dart twice in the closing minutes, and Florida got impressive play from its own young quarterback, DJ Lagway.”

Napier was also given credit for having shown “real signs of promise before Week 13.”

Florida took No. 8 Tennessee to overtime, losing 23-17. But more impressively took Georgia down to the wire despite Lagway being carted off with a hamstring injury. While the final score was 34-20, those who watched know that it was a one-score game until about four minutes to go. That gave Florida props, but now he’s beaten ranked opponents. 

Now, Florida has a shot to finish with its first winning record since 2020 and win its first bowl game since 2019. 

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Rittenberg concluded his takes by saying Napier, along with Vernables and Freeze, has given “tangible evidence to cite that better days might be ahead.” 

It sure is finally starting to look that way. 



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