State senate bill would require bloggers critical of state legislators, governor to register with state

By NATHAN MAYBERG nmayberg@breezenewspapers com

A c o n t r o v e r s i a l b i l l i n t r o d u c e d b y

Florida State Senator Jason Brodeur (R10) is garnering national attention for proposing that all bloggers who criticize state legislators or the governor’s office would have to register their blog with the state and submit monthly reports or face fines and legal action.

The measure brought enough attention that even former Republican Speaker of the House Newt Gingrich took to Twitter to denounce the bill

“The idea that bloggers criticizing a politician should register with the government is insane,” Gingrich stated “It is an embarrassment that it is a Republican state legislator in Florida who introduced a bill to that effect He should withdraw it immediately ”

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Seminole County Republican, bloggers would have to register with the state

“Office of Legislative Services or the Commission on Ethics, as applicable, within a specified timeframe ”

Bloggers, defined as those who publish opinions on websites that are not newspapers websites, would be required to file monthly reports to the state or face fines

If a blogger writes about a state elected officer and receives compensation for the post, the bill requires that the blogger register with “the appropriate office” and “file monthly reports” with the state

If the blog post concerns an elected member of the state legislature or an officer of the governor’s executive branch, the report must include the individual or entity that compensated the blogger for the blog post, the amount of compensation received from the individual or entity, regardless of how the compensation was structured and the dates of compensation, the web address for the blog and the date of the blog posts.

The law would empower a magistrate to issue fines of $25 per day per report for each day late, not to exceed $2,500 per report

If the report in question relates to a post about a member of the Legislature, the report would need to be filed with the Legislative Lobbyist Registration Trust Fund If the report in question relates to a post about a member of the executive branch, the report would be required to be filed with the Executive Branch Lobby Registration Trust Fund.

Jeremy Redfern, deputy press secretary for Gov Ron DeSantis, said in an email “We saw it when the news broke, and our (communications) office is reviewing the bill. Legislation is derived from the legislature, and in recent years, over 3,000 bills are filed each year in Florida As usual, the governor will consider the merits of a bill in final form if and when it passes the legislature ”

A message left with Brodeur seeking comment was not returned.

Brodeur, of Sanford, represents a district outside of Orlando that covers all of

Seminole County and a part of Orange County In a Twitter post Sunday, he stated “Do you want to know the truth about the so-called “blogger” bill? It brings the current pay-to-play scheme to light and gives voters clarity as to who is influencing their elected officials, just like how we t r e a t l o b b y i s t s I t ’ s a n e l e c t i o n e e r i n g issue, not a free speech issue ”

A message left with State Senator Jonathan Martin (R-33), whose district covers Fort Myers Beach and a portion of L e e C o u n t y , w a s n o t i m m e d i a t e l y returned

The bill has been derided online for threatening free speech and the First Amendment of the U S Constitution Some have compared it to a similar law which went into effect in Russia under Vladimir Putin in 2019

State Senator Jason Pizzo (D-37), who represents parts of Broward County and Miami-Dade County, said Monday that the bill is “a perfect example of going too far and not having sensical kind of ideas ”

Wildlife area From page 1

S i n c e t h e n , t h e a p p l i c a n t s h a v e engaged in numerous lawsuits involving the town, the Florida Audubon Society and the state over the walkover and its impact on the Little Estero Island Critical Wildlife Area

The walkover has been proposed by two limited liability companies registered out of state Texas Holdem LLC and Squeeze Me Inn LLC

Opponents have expressed concern for the impact on state and federally protected bird species which nest in the area and use the habitat where the walkover would go for foraging

Previous councils have twice rejected the permit application multiple times

E d R o o d , t h e p r i n c i p a l o f T e x a s Holdem LLC, unsuccessfully sued the town over the permit denial, under the Americans with Disabilities Act Rood has said he has difficulty walking which may eventually lead him to need a wheelchair Rood spoke at Tuesday’s hearing over the permit without any walking assistance.

Both King and Woodson were elected to the town council this November, with Woodson the recipient of a $1,000 campaign donation from Rood

Town resident Steve Johnson, chair of the town's marine resources environmental task force, said at Monday's council meeting that the boardwalk did not comply with the land development code, as the property is within the town's environmentally critical zone Johnson said the town council's approval was a “political favor” to the property owners

The boardwalk would be within the t o w n ' s e n v i r o n m e n t a l l y c r i t i c a l z o n e , which runs the entire length of the beach and which Johnson said is meant to be a "buffer to prevent structural development f r o m e n c r o a c h i n g o n t o o u r p r i c e l e s s beach "

"No one wants to view an unattractive bridge crossing a pristine wildlife area," Johnson said "It's the proverbial line in the sand really. This is not about being a parent and settling an argument between m y c h i l d r e n w h i c h i s h o w a ( L o c a l Planning Agency) member summed up the situation "

Johnson said the town's comprehensive plan covers dune walkovers, not boardwalks

"If you vote favorably on this resolution, it is your responsibility to fully explain exactly how this case is consistent with the town's land development code and comprehensive plan. That is your responsibility to our community as an elected leader, otherwise your favorable vote is potentially nothing more than a personal opinion or possibly worse just another political favor," Johnson said

Cindy Johnson, of Turtle Time, said "this is not a (dune) walkover This is a large boardwalk "

Johnson said the Little Estero Island Critical Wildlife Area has been a "stressful environment" for nesting shorebirds with multiple red tide events in recent years She noted the low numbers of protected and threatened birds that nest in the state, which are found on Fort Myers Beach "We on Fort Myers Beach have the opportunity to protect these birds," Johnson said

Supporting the walkover permit at Monday's hearing were several neighbors a n d

The Local Planning Agency voted 6-1 last month to recom- mend approval of the walkover In opposition was former Mayor Anita Cereceda The Local Planning Agency voted to a p p r o v e t h e s p e c i a l e x c e p t i o n p e r m i t although not all of the necessary documents had been provided to the board and town staff recommended denial, citing a failure to be consistent with the town's land development code

Also speaking out against the permit Monday were town resident Barbara Hill and Florida Audubon Society Southwest Florida Policy Associate Brad Cornell Cornell cited the town's own recommendation of denial against the project, for not meeting the town's land development c o d e O p p o n e n t s a l s o p o i n t e d t o t h e destruction of the Fort Myers Beach Pier during Hurricane Ian as an example of the danger a large boardwalk posed to the surrounding environment if another major hurricane were to strike

Cornell said the boardwalk would have an adverse impact on the nesting shorebirds in the critical wildlife area, which includes state and federally protected bird species such as black skimmers, least t e r n s , W i l s o n ' s p l o v e r s a n d s n o w y plovers

C o r n e l l s a i d t h e b o a r d w a l k w o u l d cause harm to wildlife

Cornell cited a federal judge's decision i n r e j e c t i n g R o o d ' s A m e r i c a n s w i t h Disabilities lawsuit against the Town of Fort Myers Beach, quoting the decision which stated "Rood seeks privileged treatment because he prefers that over other beach access options open to him and the public."

Cornell said there are other options to provide Rood beach access other than a 298-feet long boardwalk

Town staff also stated they did not have enough time to review more than 50 pages of material submitted by the applicants late Thursday and early Friday to support their project

Allers was unmoved and said he did not consider that a reason to deny the project

"The staff not having time to review documentation is not an excuse in my book," Allers said

Councilmember Bill Veach said that the applicants supplying documents "after the packet has been out on the Friday before a Monday meeting isn't giving somebody time "

Allers and King framed their support as one of protecting private property rights, while Veach said it was not an issue of private property rights since the property owners needed approval from the state to cross state land as well as town council approval to get an exception from town code

"This is really not that big of an issue for most people on this island," King said in approving the permit "I understand both sides It's very intense for them but the vast majority of people, my constituents now, don't know what this is about and are tired of dealing with it "

During testimony by Rochelle Streker, the Southwest Florida shorebird manager for the Florida Audubon Society, King raised his voice multiple times in demanding answers for an exact measurement of the distance the boardwalk was from nesting shorebirds

"I asked a specific question," King said while interrupting "I can't make it any more clearer Can I get a specific answer? It's not that difficult "

As Streker began to answer, King interrupted again "so the answer is no "

K i n g w o u l d t h e n i n t e r r u p t S t r e k e r again, multiple times, saying at one point "I still have not received an answer."

Speaking in favor of the permit were several neighbors of Rood, who stand to gain access to the boardwalk

N e i g h b o r J o h n C a m e r o n s a i d t h e lagoon should have been filled in "I want to get to the damn beach," Cameron said

Town resident Penny Jarrett worried about the impacts on wildlife and the precedent the decision would have on the town's future

"I see a precedent being set that will continually be used by developers/propert y o w n e r s , a s t h e y g o b e f o r e T o w n Council, to disregard the needs of wildlife and the residents wishes to preserve the f e w r e m a i n i n g n a t u r a l a r e a s o n F o r t

Myers Beach," Jarrett said

Jarrett and opponents said the applicants had other options to gain access to the beach, which did not require the boardwalk

"Their bridge will increase disturbance and predation to threatened species of beach nesting birds, fragment shorebird foraging habitat, forever alter the lagoons, be unsightly in a pristine stretch of beach and set a precedent for more private bridges to be built Keep in mind these properties do have 5 minute beach access by sidewalk or a sand path," Jarrett stated

C o r n e l l s a i d t h e F l o r i d a A u d u b o n Society would be considering a legal challenge to the town's approval of the special exception permit

"Audubon Florida has valued our 12+ y e a r p a r t n e r s h i p w i t h t h e T o w n a n d F l o r i d a W i l d l i f e C o n s e r v a t i o n Commission to protect and monitor the amazing nature of Little Estero Island Critical Wildlife Area and the nearby nesting and migratory coastal birds that are there year-round in such abundance," Cornell stated "We’re very disappointed the Council chose to grant a privilege to these two private houses that no other Town resident receives beach access through very sensitive habitats for nesting and migratory shore and seabirds That’s w h y t h e T o w n d e s i g n a t e d t h i s a s Environmentally Critical zoning category, which prohibits such large structures "

Cornell called it "unfathomable the Town chose to prioritize granting this exceptional privilege in conflict with the nature of the Town, when there are so many other much higher priorities as Fort Myers Beach pursues rebuilding after Hurricane Ian "

After Monday’s vote by the council, Rood referred to the application's support by the Local Planning Agency last month and in 2019 as a "powerful statement" for the walkover When combined with the town council's vote Monday, Rood said more appointed and elected board members were for the project than were against it

Mr Johnson said the town's vote presented an "ominous view of this town's plan to overlook our land development code regarding future development density and intensity right as the rebuilding of our island is occurring "

Marine

From page 1 never seen anything like this ”

He lost old photos of his family and some documents though he was able to save some documents of his family, which include military papers dating back to the Civil War.

The early days after Hurricane Ian were tough on Gray with no electricity “We were lying on the floor,” he said Gray and his wife Charlotte stayed at a home in Iona during Hurricane Ian which was also flooded

The road to recovery is a long one for Gray as it is for much of Fort Myers Beach

He has no flood insurance He doesn’t expect to

Lynn Hall

replace his boats In the back of his property, a 27-foot boat that washed up on his property is still stuck, waiting to be removed Gray said one of the toughest parts of recovering from Hurricane Ian is when he goes on his morning runs and sees how few people are on the island He used to see many regular faces along the streets of his runs but now notices that some streets may only have a couple homes occupied He usually has more than 30 people over for St Patrick’s Day but isn’t expecting many this year “Nobody is here,” he said Still, Gray is hard at work rebuilding his home and

From page 1

Bowditch Point Park and Crescent Beach Family Park remain closed as work to reopen them continues.

The county has previously expressed concerns about debris and sharp objects on the beach and in the water as it kept the park closed

The county is advising that beach shoes should be worn at all times on the beach and beachgoers should be aware of debris

Residents and visitors are further advised:

Beaches and beach parks have not been restored to pre-Hurricane Ian conditions

Some amenities such as restroom facilities, piers and walkovers have not been repaired or replaced at this time

Debris continues to wash onshore and quickly may be obscured by sand

Beach shoes should be worn at all times

Debris can still be found in near-shore areas, such as dunes or mangrove-lined coastlines

Check for any beach or water advisories from the Florida Department of will stay on the island He likes the water too much

“I’ve been working my butt off,” Gray said “I go to bed with 10 jobs to do and wake up with 11 jobs to do We will get there ”

What Gray misses most of what he lost to Hurricane Ian are the “stuff that can’t be replaced” like the photographs of his children and “things my mother made for Christmas,” he said

“It hits me emotionally,” Gray said “Some people lost it all ”

Health-Lee County at lee floridahealth gov FDOH-Lee on Feb 20 issued a red tide alert for portions of the coast in Lee County

Closure signs are posted where necessary, and www leeparks org has status updates

The entrance to San Carlos BayBunche Beach Preserve, 18201 John Morris Road, will be closed every Tuesday and Wednesday beginning March 7, to allow the state’s licensed contractor to safely remove hurricane debris along the preserve’s coastline

To ensure safety, the contractors need to keep the road and beach area closed and clear of all pedestrian and vehicular traffic while the debris is moved off the beach

Hurricane Ian damaged Lee County’s beaches and the sensitive ecosystems with storm debris, pollution and the removal of healthy, safe sand and dune vegetation

The county is ensuring that the many elements of the beach restoration process are being rigorously documented to support full reimbursement through federal funds