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Marijuana petition group calls Florida ruling ‘premature’

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Marijuana petition group calls Florida ruling ‘premature’



Smart and Safe Florida was looking to get an adult-use recreational marijuana amendment on the 2026 ballot.

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  • A petition group aiming to get recreational marijuana on Florida’s 2026 ballot says the state’s announcement of its failure is premature.
  • The group, Smart and Safe Florida, believes it will meet the signature requirement once all submitted petitions are counted.
  • Florida’s Secretary of State announced that the group failed to meet the nearly 881,000 verified signature threshold by the February 1 deadline.

A petition group pushing to get recreational marijuana on Florida’s 2026 November statewide ballot is saying the state’s announcement of its failure to gather enough signatures is “premature.”

Secretary of State Cord Byrd announced Feb. 1 that all 22 citizen-led proposed amendments to the state’s constitution failed to meet Florida law’s signature requirements.

Smart and Safe Florida, the group behind adult-use recreational pot, pushed back.

“We believe the declaration by the Secretary of State is premature, as the final and complete county by county totals for validated petitions are not yet reported,” a spokesperson for Smart and Safe Florida said. “We submitted over 1.4 million signatures and believe, when they are all counted, we will have more than enough to make the ballot.”

The group needed to have met 880,062 signatures by Feb. 1, but the Florida Division of Elections website only listed 783,592 verified signatures. For months, the number was slowly trickling upward, since the group had more than 662,000 verified in November.

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The pot group faced several challenges while seeking to get its petition on the ballot, all stemming from a law the governor approved last year (HB 1205). It brought stricter penalties and deadlines for petition groups, and with it came increased costs to verify petitions by supervisors of elections, effectively making it more costly to gather signatures.

The law is currently being challenged in federal court by a number of petition groups, including Smart and Safe Florida, saying it restricts core political speech. A trial begins Feb. 9.

The law went into effect July 1; a federal judge agreed one provision restricting nonresidents and noncitizens from volunteering from gathering signatures would “impose a severe burden on political expression.”

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U.S. District Judge Mark Walker ruled that state officials couldn’t enforce that part, but a divided appeals court promptly upheld the law, disagreeing with arguments of free speech violations.

But that’s just one hurdle.

Smart and Safe Florida also was entangled in another lawsuit alleging that Byrd violated state-required procedures and was blocking the group’s ballot measure. They also filed against Byrd on a separate issue, accusing him of seeking to invalidate 200,000 petitions without legal basis, but a circuit judge sided with him.

The DeSantis administration had continually lambasted the marijuana proposal when it was on the ballot in the 2024 elections. He held events condemning the ballot measure and contended that Florida lawmakers wouldn’t be able to set guidelines on marijuana use after it passes.

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More recently, Florida’s attorney general escalated its fight against the recreational pot campaign, by accusing Smart and Safe Florida of submitting fraudulent petitions and failing to inform law enforcement. The group countered, saying they complied with state law and reported any suspicions to the Secretary of State’s office.

Attorney General James Uthmeier reacted tongue-in-cheek on social media shortly after Byrd’s announcement, posting a GIF that looked like the opening of a Looney Tunes cartoon, but instead saying, “You hate to see it!”

This reporting content is supported by a partnership with Freedom Forum and Journalism Funding Partners. USA Today Network-Florida First Amendment reporter Stephany Matat is based in Tallahassee, Fla. She can be reached at SMatat@gannett.com. On X: @stephanymatat. 



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Florida woman on 2026 “100 Women to know in America” list

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Florida woman on 2026 “100 Women to know in America” list



Charmaine Hickey, of Lang Realty in Port St. Lucie, was named in KNOW Women’s “100 Women to KNOW in America” list.

A Treasure Coast woman was named in a “100 Women to know in America” list for 2026.

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KNOW Women is a global media company dedicated to giving women leaders connections and visibility. The company released a list of “100 Women to know in America” for 2026 to highlight the most influential women in business and leadership.

Charmaine Hickey, who works for Lang Realty in Port St. Lucie, was on the list.

“Charmaine’s recognition on a national stage like this comes as no surprise,” said Scott Agran, president of Lang Realty in a news release. “Her leadership, integrity, and commitment to both her profession and her community exemplify what this award stands for. She represents the very best of our industry.”

Hickey holds many industry designations and is known for her expertise in complex real estate transactions, as well as her client-first approach defined by honesty, patience and attention to detail, according to the news release.

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Her community involvement includes serving on nonprofit boards, mentoring emerging leaders and supporting initiatives focused on education, women, families and youth.

“I am truly honored to be recognized among such an inspiring group of women,” said Hickey in the news release. “This award reflects not just individual achievement, but the power of community, mentorship, and lifting others as we grow. I’m grateful to be part of a network of women who are building meaningful impact every day.”

To see the full list go to theknowwomen.com.

Olivia Franklin is TCPalm’s trending reporter. You can contact her at olivia.franklin@tcpalm.com, 317-627-8048 or follow her on X @Livvvvv_5.



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Florida surgeon ‘devastated’ over death of patient after removing liver instead of spleen

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Florida surgeon ‘devastated’ over death of patient after removing liver instead of spleen


A Florida surgeon who is facing criminal charges after allegedly removing a patient’s liver instead of his spleen has said he is “forever traumatized” by that person’s death.

In a deposition from November that was recently obtained by NBC, 44-year-old Thomas Shaknovsky described the death of 70-year-old William Bryan as an “incredibly unfortunate event that I regret deeply”.

Bryan died after the botched surgery; and in April, a grand jury in Tallahassee indicted Shaknovsky on a charge of manslaughter.

“I’m forever traumatized by it and hurt by it,” Shaknovsky added, also saying that wrong-site surgeries can happen “during difficult circumstances”.

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The deposition provided Shaknovksy’s first detailed account of the operation that killed Bryan and eventually garnered national news headlines.

According to Shaknovksy’s deposition, after removing Bryan’s liver, the surgeon instructed a nurse to label the organ as a “spleen” – and he also identified it as a spleen in Bryan’s postoperative notes. Shaknovsky later said he had been “mentally compromised” at the time of Bryan’s death, explaining that he was “devastated, demoralized, crying over his passing, felt that I failed him”.

A lawsuit filed by Bryan’s widow, Beverly Bryan, accuses Shaknovsky of medical malpractice. The suit alleges that he “wrongfully omitted any reference to Mr Bryan’s liver being removed in order to ‘cover up’ his gross negligence/recklessness and to hopefully avoid the embarrassment due to such derelict care”, as NBC reported.

In April, the Walton county sheriff’s office said in a statement that Shaknovsky’s actions inflicted on Bryan “catastrophic blood loss and the patient’s death on the operating table”.

Shaknovsky’s deposition testimony described the chaos in the operating room after Bryan began bleeding extensively, causing his heart to stop. Medical staff performed chest compressions, and Shaknovsky attempted to find where the bleeding was coming from.

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“I couldn’t tell the difference because I was so upset,” he said, referring to the organ he mistakenly identified.

“It was like a overflown sink that’s clogged up, and I am looking for a fork at the bottom, trying to feel and find the bleed, and I was not able to do so,” Shaknovsky said. He added: “After 20 minutes of struggling – desperately trying – to save his life, that’s when the wrong-site event took place.

“It’s a devastating thing, which I will have to live with the rest of my life,” Shaknovsky said in the eight-hour deposition reviewed by NBC. “I think about it every single day.”

After the medical team was unable to resuscitate Bryan, Shaknovsky said he went to the hospital’s medical library. “I went there to cry because I was devastated,” he said. “I didn’t want the staff to see me like that.”

Despite a spleen typically being significantly smaller than a liver, Shaknovsky said he believed Bryan’s spleen was “double the size of what is normal” because of a mass on it. Beverly Bryan’s lawsuit, however, states that a medical examiner told her that her husband’s spleen was anatomically “nearly normal”, according to NBC.

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Shaknovsky would face up to 15 years in prison and a fine of up to $10,000 if eventually convicted as charged.



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Southwest Florida food scene continues to buzz with openings, closings

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Southwest Florida food scene continues to buzz with openings, closings


Omelet, taco and chicken salad joints are in, while spaghetti gelato, pizza and (for now) wing places are out.

At least when it comes to recent openings and closings on the Southwest Florida foodie scene, that is.

Let’s begin this recap of events in Cape Coral, where a popular breakfast-and-lunch restaurant made its long-awaited debut.

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This is where the omelets come in…

House of Omelets

The fourth location of this popular breakfast and lunch restaurant made its highly anticipated debut along Cape Coral Parkway on Monday, May 4.

“It’s amazing,” owner Toni Dedaj said. “I’m very happy. I like this area, the way Cape Coral is growing. And this building is beautiful.”

That building is the eye-catching Bimini Square off Cape Coral Parkway. House of Omelets, which anchors the first-floor northeast corner unit, has a classic European feel. With seating for 89 inside and 40 outside, it’s about half the size of Dedaj’s Pine Island Road location.

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“We like it,” he said. “We still have the big menu, but we like the smaller seating area. Service is more personal.”

And speaking of that menu (the same you’ll find at all House of Omelets locations), it is indeed huge, with about 30 signature omelets alone. Add in all the egg dishes (House Slam is a best seller), favorites (like corned beef hash and chicken & waffles), off the griddle dishes (multiple pancake, French toast and waffle options), Benedicts and crepes, and we’re already up to huge without even getting to the lunch items.

Those include appetizers, salads, signature sandwiches (from lobster grilled cheese to Philly steak), burgers & melts, and pitas & wraps. Free parking can be found in the parking garage, shared with neighboring Bimini Basin Seafood.

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“It’s easy in and out,” Dedaj said. “Very easy. Come visit us.” Find it at 440 Cape Coral Parkway; (239) 360-8083; there are two locations in Cape Coral and one each in Fort Myers and Naples. Go to houseofomelets.com or follow on Instagram.

Chicken Salad Chick

More than 100 customers were waiting outside when this chicken salad-loving, fast-casual restaurant opened its new Cape Coral location on April 29. Located in the Shops at Del Sol (near Swig!), Chicken Salad Chick has 13 different types of chicken salad, including traditional, fruity & nutty, savory and spicy flavors. Get it in one or two scoops, in a sandwich, in a melt (Bacon cheddar or chicken) or in a BLT. A turkey club is also available. It’s all scratch-made, just like the sides which include broccoli, grape and pasta salads, fresh fruit, mac ‘n cheese and soup. A few desserts (white chocolate layer cake and signature cookies) are also on the menu. Get it all by dining in, driving through, taking out, or by delivery. It’s open 10 a.m. to 8 p.m. Monday through Saturday. Go to chickensaladchick.com or follow on Facebook for more.

Point Ybel Brewing

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We recently checked out this brewery’s new downtown Fort Myers location off First Street in the Fortiner Building, and we love it. It’s all the good things from the original San Carlos Boulevard location plunked down in a lighter, brighter space (and it’s next to another Chocolattes location!!!). With 17 taps, you’ll find all the same award-winning beers Point Ybel is known for — including Sanibel Light, Snook Bite IPA, Sanibel Red and (our favorite) The Full Breakfast stout. Even though it’s only been open since April 11, it’s already right at home with a full slate of events — from live music and yoga to trivia and music bingo.

“This is a new chapter for us,” owner and brewer Jordan Weisberg said. “We’re excited for it. We want to build the same community downtown that we have (in south Fort Myers).”

It’s off to a great start. Drop by 2451 First St., Fort Myers; (239) 603-6565; pointybelbrew.com and on Facebook

Turco Taco

With three locations in Naples, this fast-casual taco joint has finally come to downtown Fort Myers. It opened April 24 at 2451 First Street. In a former office space, it’s across from Fort Myers Regional Library, on the northwest corner of First and Bay streets. Turco Taco is known for its fresh and bold gourmet Mexican-Turkish fusion tacos, gourmet quesadillas and organic salads. We can’t wait to check it out. (239) 344-7732; theturcotaco.com or on Facebook

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Capriotti’s

We’ve already reported that this popular Delaware-founded chain opened a Cape Coral location on April 28 in the Shops at Del Mar off Pine Island Road. But can we just say that The Bobbie — billed as the original Thanksgiving sandwich — lives up to the hype? The slow-roasted turkey (cooked overnight and hand-pulled in the morning), house-made stuffing, cranberry sauce and mayo combination won us over on the first bite. Order it hot or cold, in 4, 8, 10 or 18-inch sizes. And if you’re not feeling Thanksgiving-y, Capriotti’s has plenty of other options, including cheesesteaks, tuna, classic Italian, BLT, meatball, Capastrami, Wagyu beef sandwiches and more. Find it all at 327 SW 10th Place, unit 202, Cape Coral; (239) 471-0469; capriottis.com or follow on Facebook.

Closings

The Fat Apple: The sign is down and the doors of this pizza joint in North Fort Myers are locked. After nine years, this staple in the Publix-anchored Eagle Landing plaza off Bayshore Road has permanently closed. It steadily built a loyal following after Guy Beekman, who owned the legendary Birdie’s Pizza in Fort Myers for 20 years, opened it in July 2017.

Spaghy Gelato: This small Cape Coral shop in Chelsea Place off Del Prado Boulevard has closed. “Cape Coral … thank you,” an April 28 post on its Facebook page read. “Because of your support, your love, your energy … we’re taking the next step. We are officially relocating to the East Coast.” It was known for its viral spaghetti gelato — handcrafted gelato shaped into spaghetti form and topped with a variety of toppings.  “Thank you for the memories, the laughs, and for believing in something a little different,” the post concluded.

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Wingnuts: After spending the last 15 years at 231 Del Prado Blvd. in Cape Coral, this popular chicken wing restaurant is closing. For now, anyway. “Our time at this location has come to an end,” an April 30 post on the Pub & Grub’s Facebook page read. “Our last day will be May 16th. HOWEVER, we will be moving to a new location soon.” It’s currently in Moderna Plaza, north of Cape Coral Hospital and south of Hancock Bridge Parkway (where the recently closed Misto Bar & Grill was). “Although it will take us time to relocate the restaurant, we will keep you posted, EVERY STEP OF THE WAY,” the post continued. “… We look forward to seeing you in the very near future. Our thanks again for all your support.” Follow along on Facebook for updates.

Robyn George is a food and dining reporter for The News-Press. Connect at rhgeorge@fortmyer.gannett.com     

Please support local community journalism and stay informed about Southwest Florida news by subscribing to The News-Press and Naples Daily News; download the free News-Press or Naples Daily News app, and sign up for daily briefing email newsletter, food & dining and growth & development newsletters here and here. 





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