At the meeting of February 12th I and my Bride were kicked out of the town meeting by a police officer who assaulted me. Assault according to Florida Statutes is defined as:
An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.
(2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
The assault was perpetrated by a member of the White Springs Police Department. 10 efforts to get his name have gone un-responded to by TWO GUN NO DICK TRACY. I have even said I want to file a criminal; complaint against said officer and have asked for another officer to come and take the report. There has been no response by Two Gun. Time to go to FDLE I guess. Will do it on Tuesday if this story doesn’t bear fruit.
What was the assault. The officer in question grabbed my elbow and spun me around. I was fearful that he would escalate the violence. Now a police officer can use reasonable force to subdue a “law breaker” but first a law must be broken. I broke no laws. In fact the Council, in its stupid wisdom had just passed a resolution that said I could speak if I did so in short order about the subject at hand, in this case it was the Local Option Fuel Tax. It further stated that a Citizen was encouraged to present evidence of his or her position if unable to speak.
I couldn’t speak because I was being spun around by the henchman of the Council. I was unable to present evidence even though the Council had, not five minutes before, passed the Resolution that not only allowed me to speak but encouraged me to present evidence. My wife came to my rescue and proceeded to attempt to give the documents to Spencer Lofton. He refused to take them and signaled for the henchman to take her out of the meeting as well.
What did I try and what did my Bride try to give Spencer? Rhett is famous for saying that no one has found the Council of having broken any laws including Florida Statute 336.025, the Local Option Fuel Tax law. Well how wrong he is, as usual. And the Attorney General in his or her opinions said so in AGO opinions 94-20, 10-29, 93-12, 92-20.
“The Courts have said in Court decisions (DCA 4d 675 So 2d 678) that “We note that the Opinion of the Attorney is not binding on a court, although it is entitled to careful consideration and generally should be considered highly persuasive.” Also the same quote is used in Green, Simmons, Greene and Hightower vs. State and State vs. Family Bank of Hallendale. But it is not good enough for Rhett, Spencer of Walter.
How can they be responsible for some documents that they haven’t seen since, because of the Henchman, and Open Government Spencer as he calls himself, prohibited the Opinions to be presented. “You can’t read what you don’t have” Spencer said. But under Florida Statute 119, I sought from the town copies of all four of the AGO’s taken by the Henchman and apparently given to the town. I received the four copies within a day, lightning speed for slow poke Pam. Spencer, Open Government my fanny, Lofton could have gotten the AGO’s from Pam but refused to do so. He is NOT interested in Open Government; He repeats himself as a LIAR and a Fraud.
Florida Statue 336.025 (7) says in AGO 92-20 that the definition of “Transportation Expenditures ” by local governments means for the following programs ONLY:
(a) Public transportation operations and maintenance.
(b) Roadway and right-of-way maintenance and equipment and structures used primarily for the storage and maintenance of such equipment.
(c) Roadway and right-of-way drainage.
(d) Street lighting installation, operation, maintenance, and repair.
(e) Traffic signs, traffic engineering, signalization, and pavement markings, installation, operation, maintenance, and repair.
(f) Bridge maintenance and operation.
(g) Debt service and current expenditures for transportation capital projects in the foregoing program areas, including construction or reconstruction of roads and sidewalks.
(8) In addition to the uses specified in subsection (7), the governing body of a county with a population of 50,000 or less on April 1, 1992, or the governing body of a municipality within such a county may use the proceeds of the tax levied pursuant to paragraph (1)(a) in any fiscal year to fund infrastructure projects, if such projects are consistent with the local government’s approved comprehensive plan or, if the approval or denial of the plan has not become final, consistent with the plan last submitted to the state land planning agency.
NOTICE IT DOESN’T CALL FOR OR ALLOW EXPENSES FOR ATTORNEYS TO ALLOW LEGAL REPRSENTATION FOR A TOWN MANAGER OR ANY OTHER PERSON, WHICH RHETT, THEN MAYOR, ALLOWED.
It, Statute 336.025, and AGO Opinions 94-20, 10-29, 92-20 and 93-12, DO NOT ALLOW THE FUNDS RECEIVED UNDER A LOFT DISTRIBUTION, to go into the general fund of the governmental agency UNPROTECTED. Over the last four years that is exactly what the town has done that Rhett says is ALLOWED to the tune of $750,000. He like Spencer after him is a LIAR and a Fraud especially considering that his is a member (not for long) of the Florida Bar Association.
I ask a favor please. Call NO DICK TRACY (397-2222) and tell he to take all criminal complaints even if they are an officer on her staff. If she isn’t in, which she never is, leave a message.
Call any Council member you know and tell them to read Florida Statute 336.025 (7) and AGO’s 94-20, 10-29, 92-20 and 93-12. All of the Documents are on the Attorney General’s web site. Let’s quit wasting money and threatening Citizens for trying to bring to the Council’s notice such evidence of wrong doing.
What they did no me and my wife was wrong by their own Resolution. If need be will take it to Judge Scaff under Florida Statute 34.01. After all they just passed the Resolution and they were well aware, except for Tonja who can not read, of what the resolution said.