I fixed it by creating a shapefile polygon of the extent of the data frame...
then I used it to select by location for my annotation. Once I had the annotation that was completely within the polygon, I right clicked on the annotation, select, then saved selected features as a layer file. I then turned off the original annotation, and used the selected annotation.
worked like a charm, but sure hope they fix this bug. this has cost me on a map publication time-line.