Florida
Sides battle in Florida ‘Legislative Privilege’ case
![Sides battle in Florida ‘Legislative Privilege’ case Sides battle in Florida ‘Legislative Privilege’ case](https://res.cloudinary.com/graham-media-group/image/upload/f_auto/q_auto/c_thumb,w_700/v1/media/gmg/B6G35YWQNZHDRIRZHMR2T2SVCA.jpg?_a=ATAPphC0)
TALLAHASSEE, Fla. – Arguing that the issue is moot, voting-rights groups on Friday urged an appeals court to reject an attempt by the state House and Senate to shield lawmakers and legislative staff members from testifying in redistricting lawsuits.
Lawyers for the groups filed a 44-page brief at the 1st District Court of Appeal that said they decided in December 2022 not to continue seeking depositions of lawmakers and staff members as part of a constitutional challenge to a congressional redistricting plan passed in spring 2022.
As a result, the groups said an appeal of an October 2022 decision by a Leon County circuit judge that could have led to depositions is moot.
But attorneys for the House and the Senate have continued pursuing the appeal, arguing that a legal concept known as “legislative privilege” bars requiring testimony from lawmakers. Ultimately, the House and Senate want to take the issue to the Florida Supreme Court and to undo a 2013 ruling that allowed such testimony in certain circumstances.
The voting-rights groups’ brief said that “in December 2022, there was no longer a live issue — or even the threat of one — for this (appeals) court to resolve.”
“This appeal is unquestionably moot,” the brief said. “It challenges the circuit court’s October 27, 2022, order allowing appellees (the voting-rights groups) to depose a limited subset of legislators and staff involved in the 2022 congressional redistricting process on a limited number of topics. But those depositions never happened.”
In a March 11 brief, however, attorneys for the House and the Senate argued that the “appeal raises questions of great public importance” and that the 1st District Court of Appeal should send the case to the Florida Supreme Court. The Legislature ultimately wants the Supreme Court to “recede” — essentially reverse course — from the 2013 ruling in a case known as Apportionment IV.
“Apportionment IV erred in rejecting an absolute legislative privilege in civil cases and instead establishing a shapeless, standardless balancing analysis as the purported safeguard of the prerogatives of the legislative branch,” the March brief said. “That error threatens the legislative process with grave consequences and should be overruled.”
A coalition of groups, such as the League of Women Voters of Florida and Equal Ground Education Fund, and individual plaintiffs filed a lawsuit in 2022 challenging the constitutionality of a redistricting plan that Gov. Ron DeSantis pushed through the Legislature. They contend the plan violated a 2010 constitutional amendment that set redistricting standards, including a standard that said plans could not “diminish” the ability of minorities to “elect representatives of their choice.”
The 1st District Court of Appeal in December 2023 upheld the constitutionality of the plan, and the groups have appealed to the Supreme Court, where that issue is pending.
But as part of the case, the plaintiffs in 2022 also sought depositions from six current and former lawmakers and five current and former staff members. The Legislature fought the depositions, but Circuit Judge J. Lee Marsh in October 2022 said he would allow the lawmakers and staff members to be questioned, with some limits.
Marsh cited the 2013 Supreme Court precedent.
“The appropriate line in this case is where the doors to the House and Senate meet the outside world,” Marsh wrote. “Accordingly, each legislator and legislative staff member may be questioned regarding any matter already part of the public record and information received from anyone not elected to the Legislature, their direct staff members or the staff of the legislative bodies themselves. They may not be questioned as to information internal to each legislative body that is not already public record (e.g., their thoughts or opinions or those of other legislators.)”
In addition to arguing that the appeal of Marsh’s ruling is moot, lawyers for the voting-rights groups also wrote in Friday’s brief that there is “no absolute legislative privilege in Florida.”
But in the March brief, attorneys for the House and the Senate wrote that historically, “the legislative privilege safeguarded the integrity and independence of the legislative process and assured that fear of personal repercussions would not sway the votes of lawmakers or chill the freedom of speech and action in legislative deliberations.”
The current and former lawmakers involved in the dispute are former House Speaker Chris Sprowls, R-Palm Harbor; former Sen. Ray Rodrigues, R-Estero; former Sen. Aaron Bean, R-Fernandina Beach; Sen. Jennifer Bradley, R-Fleming Island; Rep. Tom Leek, R-Ormond Beach; and Rep. Tyler Sirois, R-Merritt Island. Each had a leadership role in the 2022 redistricting process.
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Florida
Is there a sunken nuclear bomb near Florida? Here’s what to know
![Is there a sunken nuclear bomb near Florida? Here’s what to know Is there a sunken nuclear bomb near Florida? Here’s what to know](https://res.cloudinary.com/graham-media-group/image/upload/f_auto/q_auto/c_thumb,w_700/v1/media/gmg/W6DCEII3XJBRTEXKRZYYCQLLWQ.jpg?_a=DATAdtfiZAA0)
TYBEE ISLAND, Ga. – Off the coast of Georgia, a massive bomb potentially sits in the water after having been flown out from Florida decades prior.
According to NPR, the whole incident began in 1958 when a B-47 bomber plane took off from Homestead AFB in Florida with the 7,600-pound nuclear bomb in tow, heading out to meet up with another bomber for a training exercise.
HOW DID IT HAPPEN?
The plan was to reportedly simulate an attack on the Soviet Union as part of the exercise, and everything was going well — until another training mission mistakenly crashed into the B-47 carrying the bomb.
As a result, the pilot chose to let loose the bomb over the water off Tybee Island in Georgia before making an emergency landing in a nearby swamp.
The bomb didn’t go off even after dropping into the ocean below, though that could be because the nuclear material needed to set such bombs off was typically kept separate from the weapon until it was needed, the BBC reports.
DID THEY FIND IT?
Federal officials spent over two weeks searching for the bomb in the aftermath, but it was ultimately determined to be irretrievable.
While a receipt written by the pilot shows that the necessary capsule wasn’t added to the bomb before the training exercise — meaning it wouldn’t be at a huge risk of detonation — other federal officials have claimed otherwise, such as a former Assistant Secretary of Defense W.J. Howard, who claimed that the bomb was “complete.”
“He concluded that despite our best efforts, the possibility of an accidental nuclear explosion still existed,” a declassified report reads.
Nowadays, the bomb is thought to be covered by several feet of silt on the seabed, but if the explosives within are still intact, it could pose a major hazard to the environment. As such, federal officials have determined that it should be left undisturbed — even by further recovery attempts.
CAN AN ATOMIC BOMB GO OFF UNDERWATER?
If it’s actually off the coast of Tybee Island, then yes: the bomb can still detonate, even underwater.
In 1946, the U.S. tested an atomic bomb at the Bikini Atoll — in the Pacific Ocean far southwest of Hawaii — by suspending it below several ships filled with pigs and rats.
After it was set off underwater, nearly all of the animals died, either thanks to the initial explosion or from the radiation poisoning afterward. And the area is still irradiated to this day.
WHAT HAPPENS IF IT DETONATES?
For starters: it doesn’t appear as likely that the bomb will explode.
While Howard initially claimed the bomb was complete, a military spokesman told The Atlantic in 2001 that they’d spoken with him, and “he agreed that his memo was in error.”
But if the bomb did manage to get outfitted with a plutonium trigger and detonated, it would erupt into an explosion with a mile-wide radius — and thermal radiation reaching 10 times that distance, according to the Savannah Morning News.
That would no doubt cause havoc within the immediate proximity, but on the bright side, Tybee Island is well over 100 miles (roughly a two-hour drive) from Florida’s border. This means Florida residents have little to fear from the direct impacts of such an explosion.
So you can sleep tight knowing you’re not likely to find yourself on the worse end of a nuclear weapon.
That being said, there are still plenty of other scary things in Florida to keep you up at night.
Get today’s headlines in minutes with Your Florida Daily:
Copyright 2024 by WKMG ClickOrlando – All rights reserved.
Florida
Trulieve adds $5M to recreational marijuana campaign in Florida
![Trulieve adds M to recreational marijuana campaign in Florida Trulieve adds M to recreational marijuana campaign in Florida](https://images.foxtv.com/static.fox35orlando.com/www.fox35orlando.com/content/uploads/2023/06/1280/720/GettyImages-455527934.jpg?ve=1&tl=1)
Stream FOX 35 News
TALLAHASSEE, Fla. – The medical cannabis company Trulieve has contributed another $5 million to a campaign to allow recreational marijuana in Florida, according to a newly filed finance report.
The company made the contribution on July 15 to the Smart & Safe Florida political committee, which is leading efforts to pass a recreational marijuana initiative on the November ballot.
MORE HEADLINES:
According to a state Division of Elections database, Trulieve had contributed about $60.39 million to the committee as of July 19.
The committee raised a total of $66.475 million in cash and nearly $129,000 in in-kind contributions, and it spent $53.963 million.
The initiative, which will appear on the ballot as Amendment 3, says, in part, that it would allow “adults 21 years or older to possess, purchase, or use marijuana products and marijuana accessories for nonmedical personal consumption by smoking, ingestion, or otherwise.”
Voters in 2016 passed a constitutional amendment that allowed medical marijuana.
Florida
A deadly disease is attacking Florida mangroves. UCF researchers think they have a solution
![A deadly disease is attacking Florida mangroves. UCF researchers think they have a solution A deadly disease is attacking Florida mangroves. UCF researchers think they have a solution](https://res.cloudinary.com/graham-media-group/image/upload/f_auto/q_auto/c_thumb,w_700/v1/media/gmg/4HCVO6BMLNFHRJDZK22ZO5OVOY.jpg?_a=DATAdtfiZAA0)
ORANGE COUNTY, Fla. – Florida’s mangroves act as a shield for our coasts against potential storm damage, while also serving as a home for wildlife like various types of fish and other sea creatures.
Researchers at UCF are finding ways to protect this natural barrier from a deadly disease that’s attacking them.
Melissa Deinys, an undergraduate student and researcher at the University of Central Florida, along with Jorge Pereira, a graduate research assistant are the main people behind this project.
The disease that is harming these trees is not named but scientists have been calling it “Mangrove CNP.” It’s caused by fungi pathogens that become deadly when activated.
The researchers are working on a “nutritional cocktail” made up of nanoparticles that would be used to strengthen the tree as well as fight off the pathogens that are causing harm.
It is estimated that there are over 600,000 acres of mangrove forests that help protect Florida’s southern coastal zone and other areas around the state, according to the Florida Department of Environmental Protection.
There are three main types of mangroves found in Florida with the most well-known being the red mangrove (Rhizophora mangle).
Deinys was in Miami in 2019 when she first identified that Mangrove CNP was causing mangrove trees to start dying.
The Marine Research Council later tested her theory and verified her findings, according to UCF.
Deinys and other groups started testing more mangroves and found that around 80% of the mangroves they sampled had tested positive for one or more of the fungi pathogens that were affecting these trees.
Most of these Fungi are dormant but get activated when the trees are exposed to certain environmental factors such as temperature changes, various insects, and other types of diseases that attack other trees and plants.
The research for this project is taking place over at the Materials Innovation for Sustainable Agriculture (MISA) center at UCF through UCF Professor Swadeshmukul Santra.
As of right now, there is no cure for Mangrove CNP, but researchers say the special nutritional cocktail is one of the best ways to help combat the disease killing off the trees.
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