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ICYMI

Criminal charges to be filed in death of Tyre Sampson, ‘Moms for Liberty’ group claims their First Amendment rights are being restricted, Legislature sets special session for December and other news you may have missed last week.

» Florida officials seek fines, criminal charges in death of Tyre Sampson

Florida state officials want to fine the operators of Orlando’s FreeFall ride at Icon Park and are forwarding their investigation of Tyre Sampson’s death to Orange County law enforcement to see if criminal charges are in order. The move was announced by Agriculture Commissioner Nikki Fried in a Tallahassee news conference last week. The oversight body of Florida’s theme park rides has been investigating the death of the 14-year-old for months. Sampson fell from the free-fall tower ride after being improperly secured into his seat and later died of his injuries. “We are seeking an administrative fine exceeding $250,000 — one of the largest administrative fines the department has ever sought — and a permanent revocation of the ride’s operation permit in the state of Florida,” Fried said.

Earlier reports revealed that ride operators modified the restraints, allowing it to operate with Sampson onboard, who was well over manufacturer-suggested height and weight limits on the ride. Fried shared that the employees at the park were given “minimal training” on operating the equipment. She noted that there was no training manual for the ride offered to employees. “Neither the attendants nor the operator had read or seen the manufacturer manual, nor had an operating document been provided to attendants or the operators that were on duty,” Fried said. The operators of the Orlando Free Fall have already committed to closing and dismantling the ride. It has not reopened since Sampson’s death.

» Moms for Liberty sue for liberty to make abusive comments at school board meetings

A federal appeals court has rejected an attempt by a chapter of the conservative group Moms for Liberty to block restrictions that the Brevard County School Board placed on public participation at board meetings, which Moms for Liberty members contend violate First Amendment rights. Moms for Liberty, which was founded by two former Florida school-board members, has gained national prominence as it has fought school boards on issues such as mask requirements during the COVID-19 pandemic. Gov. Ron DeSantis, who took the somewhat unusual step of aggressively backing school-board candidates in this year’s elections, appeared in July at an inaugural Moms for Liberty “summit” in Tampa. The group’s Brevard County chapter and individual members filed the lawsuit in November 2021 in federal court in Orlando. Among other things, they contend that speakers are frequently interrupted for criticizing the school board, including for comments deemed “personally directed” at board members.

But U.S. District Judge Roy B. Dalton Jr. in January wrote that on “its face, the policy is both content- and viewpoint-neutral. … It allows the [school board] chair to interrupt speech only when it is ‘too lengthy, personally directed, abusive, obscene, or irrelevant.’” The Moms for Liberty chapter and members quickly appealed to the Atlanta-based appellate court, with their attorneys writing in a brief that the “First Amendment does not exist to protect the speech that government officials find inoffensive. The rights of free speech and petition come into play only where, as here, government officials seek to silence views that they dislike.”

“School board meetings are limited public fora,” the March 16 brief said. “School officials may thus restrict the content of debate to school matters. But in doing so, they must tolerate all viewpoints. Americans cannot silence each other in a limited public forum by taking offense. But the record is clear: Defendants (the school board) interrupt, silence, and even expel speakers they find disagreeable from school board meetings when finding speech ‘abusive,’ ‘personally directed,’ or ‘obscene.’”

» Elon Musk supports DeSantis in hypothetical 2024 presidential run

SpaceX head and most divorced man alive Elon Musk once again threw his support behind Florida Gov. Ron DeSantis in a hypothetical 2024 presidential run. The billionaire took a break from crashing rocket junk into the moon and Twitter into the Earth to support the candidacy of DeSantis, should the governor opt to run for president of the United States. The latest endorsement was part of Musk’s strange penchant for replying directly to MAGA and alt-right accounts since buying Twitter for $44 billion earlier this year. He was asked by Twitter user @ProudElephant if he would support DeSantis and responded with a simple “yes.”

Musk has vocally supported DeSantis (widely viewed to be former president Donald Trump’s most serious challenger for the 2024 nomination) before. A previous vote of confidence in the governor led Trump to call Musk a “bullshit artist” who makes “driverless cars that crash” and “rocketships to nowhere.” DeSantis has not announced a run for president.

» Hurricane Ian insured losses top $10.27 billion

Continuing to steadily increase, the estimated insured losses from Hurricane Ian have topped $10.27 billion. Data posted on the Florida Office of Insurance Regulation showed that, as of Nov. 22, estimated insured losses were $10,271,655,453, up from $9,626,397,208 the previous week and $8.7 billion two weeks earlier. The new data showed that 640,496 claims had been filed, including 443,658 that involved residential property. Other types of claims involved such things as commercial property and auto damage. More than 50 percent of claims had been closed, with 214,711 closed with payments made and 121,665 closed without payments. Meanwhile, the Office of Insurance Regulation reported that estimated insured losses from Hurricane Nicole, which hit the East Coast on Nov. 10, had reached $132.4 million as of Monday. That Category 1 storm led to 14,389 claims, with the largest number (1,987) in Brevard County.

» Special session of Florida Legislature set for mid-December

Senate President Kathleen Passidomo, R-Naples, and House Speaker Paul Renner, R-Palm Coast, said Tuesday that a special legislative session will be held the week of Dec. 12 to Dec. 16. Gov. Ron DeSantis said last month that lawmakers would hold a special session that is expected to include providing property tax relief for people affected by Hurricane Ian and addressing property insurance issues, but DeSantis did not announce specific dates. Lawmakers were already scheduled to be in the state Capitol during the week of Dec. 12 for committee meetings.

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