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What happened and what’s to come: A First Amendment recap of Florida’s legislative session

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What happened and what’s to come: A First Amendment recap of Florida’s legislative session


The 2024 Florida legislative session is over. Its effects are soon to come, especially as they relate to First Amendment issues.

A number of bills were passed in the session that ended Friday. They intersect — and maybe clash — with the values and five freedoms enshrined in the Bill of Rights: speech, religion, press, assembly and petitioning the government.

Here’s what readers need to know about measures implicating the First Amendment that passed and failed this session — and what they can expect in the months ahead:

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Our first story on social media bill: Florida House leader pushes social media restrictions, porn viewer age verification

Controversial from the start: Questions of parental rights raised as Florida lawmakers push social media ban for minors

Social media and porn sites

If it gets Gov. Ron DeSantis’ expected signature and survives expected court challenges, Floridians younger than 16 years old would be banned from social media platforms deemed “addictive” — unless they’re 14 or 15 and get a parent’s permission.

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While the bill (HB 3) doesn’t set age verification requirements for social media, platforms would still need to figure out how to filter out those too young or face civil penalties. But the bill, despite data privacy concerns from opponents, does require age verification to access pornographic websites.

Stripper age

Floridians soon will have to be the drinking age to be able to strip for money, if DeSantis signs this legislation.

Bill supporters said the measure (HB 7063) was about combatting human trafficking. And, despite First Amendment questions and concerns about what happens to those who’ll lose their jobs, the Legislature passed a bill banning anyone younger than 21 years old from working in an adult entertainment establishment, which includes adult bookstores and theaters. The bill also creates criminal penalties for those who hire such workers at those establishments.

Bill that drew pro-Palestinian protests

One measure (HB 465/SB 470) drew multiple pro-Palestinian protests to the Capitol. Yet, the bills didn’t move very far. Only one, the House version, made it through a single committee.

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The legislation would have yanked state scholarships or tuition aid from college students promoting a foreign terrorist group. It also would have required universities to report those students to the U.S. Department of Homeland Security if they’re in the country on a visa.

Protesters worried the bill would be used against students advocating for Palestinians and criticizing Israel for its operations in Gaza following Hamas’ Oct. 7 surprise attack.

Defamation

For the second year in a row, legislation that would make it easier to launch and win defamation lawsuits in Florida stalled after receiving a barrage of criticism from influential conservative officials and media outlets. First Amendment and media advocates also accused it of infringing constitutional rights and chilling speech.

One of its key provisions would have created the presumption that anyone publishing a false statement that relied on an anonymous source acted with “actual malice,” a key legal hurdle for public figures to win defamation lawsuit. It also would have made a new kind of legal claim against false and offensive artificial intelligence content that a “reasonable person” is likely to believe.

Artificial intelligence

As AI technology advances, so do concerns about its misuse. This session proves that, even beyond the failed defamation legislation. AI is complicated to regulate, the technology being so new and rapidly evolving that there’s numerous legal uncertainties, particularly related to the First Amendment.

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But lawmakers pushed through two notable measures. One bill (HB 919) would require disclaimers on political advertisements that use AI to deceive about a ballot issue or injure a candidate in a depiction of a person doing something that didn’t happen.

Another (SB 1680) creates a state “Government Technology Modernization Council” with the goal to make recommendations on AI regulations. It also combats “generated child pornography,” which is computer-generated portrayals of fictitious minors engaged in sexual conduct.

School chaplains

Florida lawmakers passed a bill authorizing school districts and charter schools to adopt a policy for chaplains “to provide support, services, and programs to students.” Supporters of the bill (HB 931) said it’s a win for school children, addressing concerns about youth mental health and the need for more school counselors.

Some opponents worried the bill would be a vehicle for Christian nationalism. Others had constitutional concerns and questions about the credentials of those interacting with minors who may be facing life crises.

And they warned there could be unintended consequences of opening up the door for religion in schools. The Satanic Temple has already said its ministers “look forward to participating” in Florida school chaplain programs.

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Police accountability

Bills passed that critics say would undermine the public’s ability to prevent police brutality and corruption, despite increased public attention to those issues following the police murder of George Floyd and other documented cases of police misconduct.

Lawmakers approved a bill (SB 184) that puts a 25-foot “no-go” zone around first responders like police, even though Democrats warned it could be used to prevent their constituents from documenting injustice.

Bill supporters, though, say it’s aimed at making first responders and those on emergency scenes safer. It would create a second-degree misdemeanor for anyone who, after a warning, approaches or remains within 25 feet of working first responders with the intent to harass, threaten, impede or interfere.

Another approved bill would limit what citizen police oversight boards can do and would require these panels to be re-established under county sheriffs who would appoint several members.

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Book bans

PEN America, a free speech group, recently named Florida as the No. 1 state for “book banning,” a term conservatives hate but one many people use to describe book removals from public schools. Even Gov. Ron DeSantis has called for limits to how many books the public can challenge in schools.

He got what he wanted. The Legislature passed a bill that states a “resident of the county who is not the parent or guardian of a student with access to school district materials may not object to more than one material per month.”

Yet, many — if not most of — books being removed aren’t challenged. School districts are preemptively removing them, fearful of running afoul of recently-passed state laws many view as vague.

Public records exemptions

There are more than 1,000 public records exemptions in Florida, enshrouding what was once openly available information. Continuing an annual trend, lawmakers approved a multitude of exemptions this session.

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One bill shields autopsies, photographs, videos or audio recordings of a suicide when the information is held by a state agency. Another bill conceals a swath of information in applications for the My Safe Florida Home Program, which helps Floridians harden their homes against hurricanes.

A number of exemptions didn’t reach the finish line. One would have weakened the accountability and transparency ushered in by a recent state Supreme Court ruling that said that Marsy’s Law, a constitutional amendment approved by voters in 2018, which granted a number of rights to crime victims, doesn’t guarantee anonymity for police officers — or any victim of crime.

No change to constitutional amendment process

Another session means another failed attempt to try to make it harder for Florida voters to pass constitutional amendments.

If they get enough signatures through a petition process and survive review from the Florida Supreme Court, they appear on the ballot, regardless of what Legislature’s Republican supermajority wants. Case in point: the Supreme Court is soon going to weigh in on two amendments for the 2024 election that would legalize recreational marijuana and protect abortion rights.

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But lawmakers can also get amendments on the ballot, if approved by three-fifths of each chamber. A measure (HJR 335) this session would have raised the threshold for such amendments to pass with the support of Florida voters from 60% (three-fifths) to 66.67% (or two-thirds of those voting). But it didn’t, just like years prior.

‘Woke’ in education targeted again

GOP lawmakers also pushed through a measure (HB 1291) that would ban teacher preparation programs from instruction on “identity politics” or “theories that systemic racism, sexism, oppression, and privilege are inherent in the institutions of the United States and were created to maintain social, political, and economic inequities.”

PEN America said the bill was “set up for failure,” citing federal court blocks on the previously-passed “Stop WOKE Act.” That law targeted businesses’ diversity practices and trainings and what’s taught in collegiate classrooms.

Contributed: USA TODAY NETWORK-Florida. This reporting content is supported by a partnership with Freedom Forum and Journalism Funding Partners. USA Today Network-Florida First Amendment reporter Douglas Soule can be reached at DSoule@gannett.com.

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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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Florida man arrested for tossing away newborn kittens accused of threatening family member: ‘Dead man walking’

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Florida man arrested for tossing away newborn kittens accused of threatening family member: ‘Dead man walking’


Tyler Holtz is accused of threatening a family member days after being arrested on animal cruelty charges. Courtesy: Putnam County Sheriff’s Office

Less than a week after a Florida man was accused of throwing five newborn kittens in the trash, he ended up back in jail after deputies said he threatened to kill a family member.

The backstory:

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On April 25, 2026, deputies with the Putnam County Sheriff’s Office went to a Hawthorne home after a witness told them she had removed two plastic bags containing five kittens from a trash can after hearing the animals whining inside.

The deputy said that the kittens still had umbilical cords attached and were not thriving.

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Putnam County Animal Control went to the home and determined that the kittens were about five hours old. The mother cat was not located.

According to PCSO, the person who found the kittens tried to get them emergency medical help, but four died. The fifth kitten was being treated at a veterinary office in Ocala.

A neighbor who lived on the property said that he caught Tyler Holtz, 36, placing the bags in the garbage can.

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Holtz was arrested on May 1 and charged with five counts of animal cruelty and abandoning an animal to die.

He was released on a $12,500 bond, on the condition that he wouldn’t commit another crime.

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Dig deeper:

Approximately three days later, deputies said Holtz sent text messages to a family member stating that the victim was “a dead man walking” as well as giving details of firearms and access to weapons.

The victim reportedly told deputies he was scared for his life and that Holtz was known to have a firearm.

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Deputies located Holtz during a traffic stop. He was charged with sending a written threat to kill. He is being held at the Putnam County Jail on no bond.

The Source: This article was written with information posted on social media by the Putnam County Sheriff’s Office.

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