Tampa Bay Times from St. Petersburg, Florida • 38

Florida News TIMES FRIDAY, AUGUST 8, 2003 5b iveirglades pollution plan hO i- is attacked left and right ii MWl in parts of the Everglades. The phosphorus limit is supposed to place a specific number on the state's vague, long-standing prohibition against phosphorus levels that cause an "imbalance" in plants and wildlife. But the rule also spells out complicated methods for measuring the pollution and enforcing the limit And those details went beyond what state law allows, the critics argue. Charles Lee, senior vice president of Audubon of Florida, said the rule would allow the state Department of Environmental Protection to throw out data on water pollution for "egregious" and "vague" reasons. He said the list of exemptions includes data collected near signs of alligators, birds and airboats.

"The Everglades are full of alligator holes, airboat trails and bird rookeries," Lee said. "The rule presents the illusion of adopting something good, but everything it gives you with one hand, it takes away with the other." "They were under a lot of pressure to try and do what they thought was right," Florida Crystals vice president Jorge Dominicis said of commission members. "I guess they made nobody happy." "We're just building a big litiga- tion swamp," said David Reiner, president of the group Friends of i the Everglades, which also filed a challenge. "The ERC couldn't doQ the one simple thing it was sup-iiT posed to do, which is find that 10'" parts per billion is the number." is The National Audubon Society; the Florida Wildlife Federation and a the Everglades Foundation alsot filed challenges. The challenges could force the DEP to miss its Dec.

31 deadlines for adopting the rule. In that case; state law says 10 parts per billion would become the limit anyway but sugar companies have already sued to try to keep that automatic limit from taking effect The DEP won't let the legaT challenges stop the state's $l-bil-" lion pollution cleanup, spokes-t woman Deena Wells said. The rule "is likely the most; researched, scientifically proven environmental standard eveEv passed in Florida," Wells said, The Associated Press contributed to this report jt Environmental groups, an Indian tribe and sugar growers file challenges with the state. Cox News Service WEST PALM BEACH An Everglades pollution limit that Gov. Jeb Bush's administration touts as one of its top environmental accomplishments took legal hits Thursday from all sides.

Five environmental groups and the Miccosukee Indian tribe filed legal challenges denouncing the limit as too lenient while two subsidiaries of the sugar company Florida Crystals Corp. attacked it as it too strict Both sets of critics filed challenges with the state Division of Administrative Hearings. Thursday was the legal deadline for opposing the pollution rule, which the state Environmental Regulation Commission approved July 8. The rule sets a limit of 10 parts per billion for phosphorus, a fertilizing chemical that scientists blame for fueling a growth of cattails and upending tile food chain ft Mi -k-i-(M i. I A V.ift wwmm 1 AROUND THE STATE Most Graham alternatives for Senate little known TALLAHASSEE If U.S.

Sen. Bob Graham does as he's promised and bypasses re-election in a bid for the Democratic presidential nomination, U.S. Rep. Katherine Harris might want to reconsider her decision to stay out of the race for his seat, a poll shows. Harris, R-Sarasota, was the only one of a dozen politicians other than Graham whom more than one in four Floridians thinks of favorably, a Mason-Dixon poll showed.

Harris also had the highest name recognition among those listed in the poll, taken more than a year before the party primaries. Harris, lampooned by late show comics during the 2000 presidential election but embraced by Florida Republicans, registered favorably with 28 percent of the 626 likely voters in the telephone survey taken for several Florida media outlets. Only 18 percent had not heard of her. Bill McCollum, a former congressman and the GOP's unsuccessful Senate nominee in 2000, failed to reach the 25 percent plateau. While 22 percent saw McCollum favorably, 31 percent hadn't heard of him.

The best numbers on the Democratic side by far excluding Graham were for Betty Castor, a former education commissioner and University of South Florida president, who registered favorably with 18 percent But 49 percent had never heard of her. Three-quarters of respondents had not heard of U.S. Rep. Allen Boyd, D-Monticello. Two Republican state lawmakers House Speaker Johnnie Byrd of Plant City and Sen.

Daniel Webster of Winter Garden also didn't register much. The two leading Democratic fundraisers, U.S. Rep. Peter Deutsch of Pembroke Pines and Miami-Dade County Mayor Alex Penelas, were virtual unknowns outside their home turf. The poll indicates Graham, unknown to only 4 percent of respondents, would have little trouble winning a fourth term if he runs.

A tornado Thursday damaged many homes in this mobile home park in Palm Beach Gardens, north of West Palm Beach. Tornado damages about 500 homes Police say mom kept teens locked up lando Sentinel. Police said the children were locked in rooms with plywood covering the walls and windows. The children were not allowed out in the feces-covered, single-wide mobile home they shared with their mother and her roommate. The refrigerator was padlocked to keep the children from getting food.

Police also found 12 rats, 10 cats, three dogs, three birds, two 8-foot-long snakes, two turtles and a prairie dog in the home. "It's the worst I've ever heard of," Cocoa police Sgt Nick Blan-kenship said. Blankenship said it was unclear how long they had been confined to their rooms, but that it appeared to have been going on "for time." He added that the animals were "in better condition than the children." Investigators said Pruiksma, who is unemployed, offered no ext planation for her behavior. She is-t being held on $5,000 bail at the'? Brevard County Jail. No charges1! have been filed against her unidentified roommate.

yj The mobile home was con-j demned Thursday and the animals were turned over to the HumaneT Society, Blankenship said. LEGAL NOTICE Associated Press COCOA A mother was arrested on two counts of aggravated child abuse for allegedly keeping her two teenage children locked in their rooms, feeding them only liver soup and bread for days at a time. Dawn Pruiksma, 37, was arrested and charged Wednesday after Cocoa police responded to a tip from Department of Children and Families' workers on a suspected child abuse call. The children, a 14-year-old girl and a 16-year-old boy, were taken into the custody of the state DCF, police told the Or LEGAL NOTICE Associated Pren RIVIERA BEACH A tornado touched down in north Palm Beach County Thursday, damaging or destroying about 500 homes, flipping cars, snapping power poles and tearing roofs off businesses. But only minor injuries were reported.

Most of the damaged properties were in Riviera Beach and Palm Beach Gardens, north of West Palm Beach. At the Garden Walk mobile home park, the tornado collapsed roofs and walls of several homes and pushed others off foundations. A gas leak forced the evacuation of residents. A few trapped residents were rescued without serious injuries, officials said. A shelter was set up for residents forced out of their homes and the Red Cross was on the scene.

To the northeast in Riviera 17 Florida Purchasers of Microsoft MS-DOS, Windows, Office, Word or Excel Software, or a Personal Computer that Came with this Software AP 4 iff 8-f StL.V Beach, Mayor Michael Brown declared a state of emergency as power was out in most of the city, reports of damage were extensive and looting was reported. The roof of a Pepsi-Cola plant was torn off and heavy rains caused street flooding. Palm Beach County sheriffs officers patrolled for looters. About 21,000 people were without power. At Driftwood Plaza in Jupiter, the metal roof covering 32 stores was damaged, said Tammy Goodwin, who owns the Coastal Massage Day Spa.

Signs were toppled and some cars were covered in debris, she said. The National Weather Service said the tornado was spotted at 5:13 p.m. and cleared out by 5:40. Two other funnel clouds were reported in Jupiter but there were no reports that they touched down. Futch said.

"We regret what happened," SCI spokesman Greg Bolton said Thursday. "We are certainly taking steps to make sure that doesn't happen again." The company is providing the Futches four plots in another part of the cemetery the two they bought when Futch died plus two more, bu will also pay for moving Futch's body and provide plane tickets for family members to attend a new graveside service planned for later this month. The Houston-based company and its Florida subsidiary, SCI Funeral Services of Florida, has been embroiled in problems at other cemeteries. In 2001, several families sued the company's two cemeteries in South Florida, both named Menorah Gardens, claiming the company oversold lots, removed bodies from graves and dumped them in adjacent wooded areas, and buried bodies on top of each other. The state of Florida settled a separate suit with the company in May.

SCI agreed to tighten oversight of its cemeteries and pay a $14-million fine. Ail aluminum construction will not rust GUARANTEED1 Buy direct from the manufacturer I I AP Senator to be buried again due to error Li The plot intended for Sen. Howard Futch's wife, Joyce, was sold again and is occupied. Associated Press ROCKLEDGE The body of the late state Sen. Howard Futch will De rebuned alter a cemetery mistakenly sold an adjacent plot intended for his wife.

Futch died of heart failure Jan. 23 and was buried at Florida Memorial Gardens, which is owned by Service Corporation International, the world's largest funeral company. It is under fire for the mishandling of graves at its South Florida cemeteries. Futch's daughter, Jan, State Howard died of attack If you are located In Florida and purchased this Microsoft software, or a personal computer that came with this software, between November 16, 1995 and December 31, 2002, and are not a government entity, you may be a Class Member entitled to benefits under a proposed class action settlement. A hearing on proposed settlement In a class action lawsuit, In re Florida Microsoft Antitrust Litigation, No.

99-27340 CA II will be held on November 24, 2003 at 9:00 a.m. at the Mlaml-Dade County Courthouse, 73 West Flagler Miami, Florida 33130. Class Members may receive settlement benefits (If the settlement Is approved) by obtaining and mailing a claim form to Settlement Administrator, Microsoft Florida Claims, P.O. Box 3019, Portland, OR 97208-3019, postmarked by December 24, 2003. This deadline may be extended.

Properly completed and timely submitted claim forms will entitle Class Members to receive vouchers, which can then be redeemed for cash rebates as described below. What Is This Case About? Plaintiff alleges that Microsoft unlawfully used anticompetitive means to maintain a monopoly In markets for certain software, and that as a result, It overcharged Florida consumers who licensed Its MS-DOS, Windows, Word, Excel and Office software. Microsoft denies plaintiff's allegations and believes that It developed and sold high quality and Innovative software products at fair and reasonable prices. What Does The Proposed Settlement Provide? If the settlement is approved, Class Members will be eligible to receive a total maximum amount of $202 million In vouchers, worth $5 for each license for Microsoft MS-DOS, Windows versions 1.0 to 3.2, Windows NT Workstation, Windows 2000 Professional, Word, Excel and Office software, and $1 2 for each license for Windows 95, Windows 98, and Windows Millennium Edition that Class Members Indirectly acquired In the United States between November 1 6, 1 996 and December 31 2002 for use In Florida. Claims for vouchers must be postmarked by December 24, 2003.

This deadline may be extended. Each Class Member can redeem the vouchers Issued to that Class Member for a cash rebate for purchases, after April 15, 2003, of Qualifying Hardware (including personal computers, Apple Macintosh computers, laptop computers and Tablet PCs), or Qualifying Software (including most generally available software made by any company for Qualifying Hardware), If mailed to the settlement administrator with proof of purchase by December 24, 2007. In other words, the vouchers are good for cash rebates on a wide variety of computer hardware and software. Details are In the full class notice and the claim form. You can obtain either from www.mlcro8oftproductsaettlement.comflorlda or by calling 1 888-748-8055.

You must complete and mall a claim form to receive settlement benefits. Microsoft will donate to public schools In Florida with at least 50 of their students qualifying for the federal free and reduced-price school lunch programs, 50 of the difference between the total maximum amount of the vouchers ($202 million) and the value of Issued vouchers, if the settlement Is approved. If the Court approves the settlement, the Court will determine reasonable attorneys' fees and expenses to be awarded to Class Counsel. The attorneys' fees and expenses approved by the Court will be paid by Microsoft, and will not reduce, In any way, the amount of Settlement Benefits paid to Class Members. Class Counsel will seek attorneys' fees In an amount not to exceed $48 million.

At the time this Notice was published, there was no agreement as to the amount Class Counsel will be paid. The Court must approve the amount paid to Class Counsel. After the hearing on November 24, 2003, the Court will decide whether the proposed settlement is fair, reasonable, and adequate, and determine attorneys' fees and expenses to be awarded to class counsel. The judgment of the Court (whether favorable or unfavorable) will bind all Class Members who do not request exclusion. If you do not request exclusion, you may object in writing or hire your own lawyer to object or appear for you.

If you wish to object to the Settlement or the attorneys fees or appear at the hearing, you must file with the Court and serve on the parties a written statement of your objection or Intention to appear, documentary proof that you are a class member, your basis for objecting or appearing, and all papers In support of your objection or appearance by November 4, 2003. All papers filed in this case may be Inspected at the Clerk's Office, Mlaml-Dade County Courthouse, 73 West Flagler Street, Miami, Florida 33130, during business hours. Can I Opt Out of the Proposed Settlement? In exchange for Microsoft's agreement to provide settlement benefits, claims you have against Microsoft may be settled and released If you do not opt out under the settlement agreement. Class members agree to settle and release all claims, demands, actions, suits and causes of action against Microsoft andor its directors, officers, employees, attorneys, Insurers or agents, whether known or unknown, asserted or unasserted, that any member of the Florida Settlement Class ever had, could have had, now has or hereafter can, shall or may have relating In any way to: Any conduct, act or omission that was or could have been alleged In this case as the basis for any antitrust or unfair competition claims; or The purchase use andor acquisition of a license for a Microsoft Operating System and or Microsoft Application and arising under or related to laws concerning or related to antitrust (including, without limitation, the Sherman Antitrust Act), unfair competition, unfair practices, consumer protection, price discrimination, unconscionable or unfair pricing, trade regulation, trade practices, Florida Statute 501.201 et or other federal or state law, regulation, or common law similar or analagous to any of the above; or claims under the Uniform Commercial Code which relate to unfair competition, unfair practices, consumerprotec-tlon, price discrimination, unconscionable or unfair pricing, trade regulation or trade practices. The settled and released claims are described in the full class notice, which you can obtain from www.mlcrosoftproductssettlement.comflorlda or by calling 1-888-748-8055.

The release does not Include claims relating to Microsoft's conducts, acts or omissions that take place after December 31 2002. However, class members release any and all claims described above relating to Microsoft's conduct, acts or omissions that occurred on or before December 31, 2002. Class Members who do not want to participate may exclude themselves from the class by (1) mailing to the Settlement Administrator a signed letter asking to be excluded with your name, address and telephone number, or (2) obtaining, completing and mailing an opt-out form. You can obtain an opt-out form from www.mlcrosoftproductBsettlement.comflorlda or by calling 1 -888-748-8055. If you mail an opt-out form or a letter requesting exclusion postmarked by October 1 3, 2003 to Microsoft Florida Claims Exclusions, P.O.

Box 3369, Portland, OR 97208-3369, you will no longer be a Class Member, will not receive any settlement benefits, and will not be bound by the settlement or the Court's action In this case. DO NOT CALL THE COURT REGARDING THIS NOTICE. By order of the Court on July 24, 2003. Henry H. Harnage, Circuit Court Judge u.

Boris posed earlier this year with Stacey Hillman of Casselberry, who was collecting money to buy bullet-resistant vests for police dogs. Police dog killed after escaping handler's home PANAMA CITY BEACH A police dog was killed near a busy intersection after the 5-year-old Belgian Malinois escaped from his handler's home. Authorities said Boris was struck and killed by a car Wednesday at U.S. 98 and State Road 79. Boris left his home in this Florida Panhandle resort city Monday.

The dog was buried on Sgt Rich McClanahan's property, where he lived all his life. Dad cleared of charge of child abuse in spanking NAPLES A father was acquitted of child abuse for spanking his teenage daughter with a belt A jury took less than an hour Wednesday to find William O'Brien, 43, of Naples, innocent "I'm happy with the outcome," O'Brien said after hugging his wife and 14-year-old daughter. O'Brien said he swatted his daughter, then 13, once with a belt in May 2002 after she cursed at her mother, then defied him after he ordered her to her room. School friends talked the teen into reporting what happened. She told a school nurse, who told caseworkers with the state Department of Children and Families, O'Brien said.

O'Brien, a financial consultant was arrested six months later. Although prosecutors offered to reduce the charge to a misdemeanor, O'Brien said he felt compelled to fight the felony charge, which carries a maximum five-year prison sentence and a $5,000 fine. "I certainly think to not fight this would have set a bad precedent for parents trying to raise children in today's times," he said. Assistant State Attorney Steve Maresca stood by the charge. "Should you be able to leave a mark on a child that lasts a week?" he asked.

Win reports Sen. Futch a heart Jan. 23. visited her father's grave on July 23 and realized someone else had just been buried in the plot her mother, Joyce, had bought. Jan and Joyce Futch said managers of the cemetery told them they had mistakenly sold the plot twice.

"I can forgive a gravedigger for putting something two spaces over, but not for selling it" Joyce "Wally Watt Mill r'M 111 1 muiij i i ui.v Financing Available w.a.c.t 1 00s of sizes to choose from Financing 100s of sizes to choose from For more Information, write to: Settlement Administrator Microsoft Florida Settlement P.O. Box 3019, Portland, OR 97208-3019 or visit www.mlcrosoftproductssettlement.comflorlda or call 1-888-748-8055 rnbb IMMtUIAI ULLIVtnT insist on the 3569 Tyrone Blvd. St Pete 381-3232 FREE IMMEDIATE DELIVERY.