After seeking help from the Florida Supreme Court on the meaning of the word “riot,” a federal appeals court Monday overturned an injunction against a 2021 state law aimed at cracking down on violent demonstrations. A three-judge panel of the 11th U.S. Circuit Court of Appeals said the law is not unconstitutionally vague and overbroad and would not affect peaceful protesters. Civil-rights groups contended the measure could lead to peaceful protesters facing criminal charges when demonstrations turn violent.
Cops/Courts
County Has No Intention of Closing SR100 Bridge and Sheriff Says It’s Not His Call Alone. Flagler Beach Had Other Ideas.
The Flagler Beach City Commission in an emergency meeting Monday approved a resolution asking the Flagler County Sheriff’s Office to “exercise appropriate measures” regarding the State Road 100 bridge. The resolution does not explicitly ask the sheriff to close the bridge if need be, but the commission’s discussion before voting on the resolution indicated that intent, even though it appears to clash with the county’s emergency declaration, state law, and the sheriff’s own position.
On an Unsettled Day, Judge Dawn Nichols Brings Order to Court as She Begins Post-Perkins Tenure
A week after Terence Perkins’s retirement, Circuit Judge Dawn Nichols walked into court at 1:35 this afternoon, wished the lawyers, a half dozen inmates inmates and a dozen people in the gallery a good afternoon, and got to work with pleas, a couple of sentencing hearings, bond and status hearings with workmanlike cheer and speed just shy of breathless.
Hurricane Milton, Gaining Force Quicker, Is Barreling Toward Florida’s I-4 Corridor and Flagler By Midweek
Eleven days after Hurricane Helene made landfall in Florida’s Big Bend, Tropical Storm Milton, expected to be Hurricane Milton by tonight, is rapidly gaining strength and is expected to become a major hurricane by Tuesday. It is mobilizing Florida from Tampa Bay through the north-central midsection of the state, including Flagler County, where severe conditions and impacts are expected. Tropical-storm-force winds are expected in Flagler County late Tuesday night into Wednesday. The rainfall potential over the next five days for coastal Flagler County, including Flagler Beach and Beverly Beach, is in the 8 to 12-inch range, and in the 6 to 8 inch range for inland Flagler.
Flagler Beach Police Investigating ‘Suspicious’ Shooting of a Palm Coast Man on A1A
The Flagler Beach Police Department and the Flagler County Sheriff’s Office are investigating what they are terming the “suspicious” shooting of a Palm Coast man on State Road A1A early this morning. The man survived and was taken to Halifax hospital in Daytona Beach.
Palm Coast Says It Has No Control Over Burn Piles on Lands Cleared for Development But Will Seek Attorney General’s Opinion
For years Palm Coast has had an ordinance giving it authority to control where and when burning takes place. The ordinance conflicts with state law, which reserves that authority exclusively to the Florida Forest Service. Rather than approve a new ordinance just yet, the Palm Coast City Council has agreed to seek an Attorney General opinion on what regulatory authority the city could seek within the law.
Palm Coast Fire Department Mourns Loss of Former Colleague Zachary Shane Mahaney, 43, to Suicide
The Palm Coast Fire Department is mourning the loss of Zachary Shane Mahaney, a 43-year-old former firefighter who spent a year with the department until last June. He died by a self-inflicted gunshot on Sept. 25 or 26 in Ormond Beach after going missing from his parents’ home on Sept. 25.
Flagler County Jail Reaccredited Is Reaccredited, One of Just 37 in the State to Have Distinction
The Sheriff Perry Hall Inmate Detention Facility–the county jail–became an accredited correctional facility on October 2, 2018. It was reaccredited on October 6, 2021, and most recently reaccredited again on October 2. Accredited facilities are required to be assessed and reaccredited every three years to ensure they maintain the requirements of accreditation.
33-Year-Old Man With Mental Health Issues Again Arrested After Crash with Injuries and 5 MPH Chase on U.S. 1
Kyle McNary, a 33-year-old Palm Coast resident Baker Acted and arrested after a severe mental health breakdown in late August was again arrested on numerous charges after allegedly attacking his step-father and causing a severe vehicle crash on U.S. 1, after which he led police on a crawl of a chase at 5 miles per hour on the highway.
Same ‘Horrid’ Conditions, Different House: Parent of 5 Arrested 4 Years Ago for Child Neglect Charged Again After Toddler Wanders
Five years ago Nicolas Carter and his wife were arrested and charged with felony child neglect after authorities got complaints about the couple’s Espanola home. The couple was living with five young children in conditions lamentable beyond description. On Friday, Carter was arrested again on a similar charge, felony child neglect, and a misdemeanor charge of obstruction after one of his children–a toddler who was apparently born after the incident four years ago was seen wandering in the street, unattended. The house was in conditions similar to the one in Espanola.