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Updated: 19 hours 22 min ago

Appeals court deals blow to Florida’s law on Chinese land ownership

Thu, 02/01/2024 - 18:42

TALLAHASSEE — A federal appeals court Thursday said a Florida law restricting people from China from owning property in the state likely is trumped by federal law and blocked its enforcement against two plaintiffs who have been in the midst of real-estate transactions.

A three-judge panel of the 11th U.S. Circuit Court of Appeals declined to issue a broader injunction, in part pointing to oral arguments that will be held in the case in April.

But the panel said the plaintiffs “have shown a substantial likelihood of success on their claim” that the Florida law is “preempted” by a federal law known as the Foreign Investment Risk Review Modernization Act of 2018. Generally, federal laws take precedence over state laws if there is a conflict.

The federal law includes what is known as the Committee on Foreign Investment in the United States, or CFIUS, which has power to review real-estate transactions involving certain people from other countries.

In a November brief, attorneys for the plaintiffs argued the state law “wrests control of foreign affairs from the federal government and replaces Congress’s carefully crafted approach with the far more draconian regime Florida prefers.”

Four individual plaintiffs and a real-estate broker filed the legal challenge last year after Gov. Ron DeSantis and the Republican-controlled Legislature approved the restrictions while citing a need to curb the influence of the Chinese government and the Chinese Communist Party in Florida.

The law (SB 264) affects people from what Florida calls “foreign countries of concern” — China, Russia, Iran, North Korea, Cuba, Venezuela and Syria. But the legal battle focuses on specific restrictions on people from China who are not U.S. citizens or permanent U.S. residents.

Those restrictions prevent people “domiciled” in China from purchasing property in Florida, with some exceptions. Such people each would be allowed to purchase one residential property up to two acres if the property is not within five miles of a military base and they have non-tourist visas. Three of the plaintiffs are in the United States on visas, while one is seeking asylum. The real-estate broker, Multi-Choice Realty, serves a large number of Chinese clients.

The lawsuit raised a series of arguments, including that the law violates equal-protection rights and the federal Fair Housing Act. But U.S. District Judge Allen Winsor in August denied a request from the plaintiffs for a preliminary injunction, saying they are unlikely to be able to show the law was motivated by discrimination or lacks a “rational basis.”

The plaintiffs took the case to the Atlanta-based appeals court. The panel Thursday approved a partial preliminary injunction that applies to plaintiffs Yifan Shen and Zhimeng Xu. The injunction will remain in place until the underlying issues in the appeal are decided.

“The balance of equities tips in their favor because their recent and pending transactions create the most imminent risk of irreparable harm in the absence of a stay,” said the ruling by Judges Adalberto Jordan, Kevin Newsom and Nancy Abudu.

The plaintiffs’ November brief said “Xu’s purchase of his new home was unable to close as scheduled in September and has been postponed due to SB 264, depriving him of a unique, irreplaceable property.” Also, it said “Shen is unable to close on her contract.”

Florida House votes to loosen child labor laws

Thu, 02/01/2024 - 17:23

TALLAHASSEE — A controversial measure that would loosen work restrictions for 16- and 17-year-olds was approved Thursday by the Florida House.

The Republican-controlled House voted 80-35 to approve the measure (HB 49), which would eliminate a decades-old restriction on 16- and 17-year-olds working more than eight hours when school is scheduled the next day. It also would eliminate a restriction on 16- and 17-year-olds working more than 30 hours during a week when school is in session.

Bill sponsor Linda Chaney, R-St. Pete Beach, said the bill would give teens a choice to work up to 40 hours a week and that 24 other states have adopted similar measures.

The bill “simply creates opportunity and choice, most likely for those who are already working beyond 30 hours with a side hustle, working under the table through jobs with no benefits or protections,” Chaney said.

But Democrats said the bill, which is backed by groups such as the Florida Restaurant & Lodging Association, would hinder students’ education. They also said, in part, it is intended to use children to address labor shortages, including shortages of immigrant workers.

“What we’re doing here is creating a cheap workforce for big business,” Rep. Robin Bartleman, D-Weston, said.

“I’ve heard in debate that this builds character,” Bartleman added. “Well, if your kid is going to school 30, 35 hours a week and wants to work an additional 30 hours a week, that’s enough time to build character. And don’t forget they can work during the summer and during breaks beyond those hours.”

Democrats unsuccessfully proposed a series of amendments, such as proposals that would have required rest breaks every five hours for workers under 18 and required that employers provide to parents a list of their children’s duties and wages.

Rep. Angie Nixon, D-Jacksonville, recalled lawmakers arguing that students need additional sleep to succeed educationally when legislation passed last year to start the school day later.
“In reality, we were just pushing back school start times to get our children to be exploited for cheap labor,” Nixon said. “That is wild to me, very wild to me.”

Rep. Ashley Gantt, D-Miami, warned that children from economically disadvantaged backgrounds would be the most likely to be exploited under the changes.

“They are the ones that are going to have to make up the gap in the financial gaps of their homes,” Gantt said.

Rep. Jeff Holcomb, R-Spring Hill, countered that 99 percent of teens won’t ever work past 30 hours a week.

“Folks, we don’t need to coddle our kids,” Holcomb said. “We don’t need to wrap them in bubble wrap. We need to let them work if they want to.”

Chaney said small business owners will bend over backward to keep employees happy, and if 16- and 17-year olds aren’t happy with something, “they’ll ghost us at lunchtime.”

The Senate Commerce and Tourism Committee this week approved the Senate’s version of the bill (SB 1596). It would not go as far as the House bill. For example, it would not eliminate the prohibition on working more than 30 hours in a week when school is in session.

Senate President Kathleen Passidomo, R-Naples, expressed support Thursday for the Senate version.

“We want to allow students, our kids that want to work to do that,” Passidomo said. “Our number one priority is to make sure they don’t sacrifice their education time. And that they have parental consent. Real parental consent. Not the fake ones where they (teens) write them themselves.”
The Senate bill would limit 16- and 17-year-olds to working eight hours when school is the next day. Exceptions would be made for working on holidays and Sundays.

Bam Adebayo named Eastern Conference reserve as lone Heat representative in NBA All-Star Game

Thu, 02/01/2024 - 17:21

WASHINGTON – For the third time in his career and for the second consecutive year, Bam Adebayo is an NBA All-Star. He also is the Miami Heat’s lone All-Star.

A week after the All-Star starters in each conference were decided in weighted balloting by fans, media and players, the seven reserves in each conference were announced Thursday, after balloting by conference coaches.

An All-Star in 2020 and ’23, Adebayo becomes the first Heat player selected to consecutive All-Star Games since Dwyane Wade and Chris Bosh in 2015 and ’16.

Jimmy Butler, an All-Star with the Heat in 2020 and ’22, was bypassed in the balloting by coaches, with each coach required to select at least three frontcourt players and two backcourt players as reserves, as well as two players at any position, but not allowed to vote for players on their own team.

Adebayo was selected despite missing 10 games this season. Butler has missed 15.

The balloting by conference coaches came with the Heat amid a  seven-game losing streak, a skid that was snapped with Wednesday night’s victory over the Sacramento Kings at Kaseya Center.

Despite uneven statistics this season, Adebayo has long had the respect of coaches for the type of defensive intensity and versatility that has become universally embraced.

Adebayo  joined Boston Celtics forward Jaylen Brown, Cleveland Cavaliers guard Donovan Mitchell, Philadelphia 76ers guard Tyrese Maxey, New York Knicks guard Jalen Brunson, Knicks forward Julius Randle and Orlando Magic forward Paolo Banchero as the seven East reserves.

Previously announced as the Eastern Conference starters were Milwaukee Bucks forward Giannis Antetokounmpo, 76ers center Joel Embiid, Celtics forward Jayson Tatum, Indiana Pacers guard Tyrese Haliburton and Bucks guard Damian Lillard.

Our Captain, Our All-Star

Congrats, @Bam1of1! pic.twitter.com/mh1STN0fCf

— Miami HEAT (@MiamiHEAT) February 2, 2024

Randle (shoulder) and Embiid (knee) both could possibly miss the All-Star Game, which would require NBA Commissioner Adam Silver to name replacements.

Among those bypassed as East reserves in the coaches’ voting were Myles Turner, Derrick White, Trae Young and Kristaps Porzingis.

The 2024 NBA All-Star Game is Feb 18 in Indianapolis.

Unlike during recent years when the All-Star Game was played with squads drafted by team captains, this year’s event is reverting to the format of Eastern Conference vs. Western Conference.

Named NBA Eastern Conference Player of the Week on Jan. 14, Adebayo this season is averaging 20.6 points, 10.6 rebounds, 4.2 assists, 1.03 blocks and 1.00 steals in 34.8 minutes per game, shooting .501 from the field and .781 from the line. He leads the Heat in points, assists, total rebounds, offensive rebounds, defensive rebounds, blocks, field goals made, double-figure scoring games, 20-point games, double-figure rebounding games and double-doubles.

On Jan. 24 against the Memphis Grizzlies, Adebayo posted a 15-point, 15-rebound double-double, including six assists and a career-high six blocks, becoming the first player in franchise history to reach at least each of those totals in a single game. His most recent double-double Wednesday night marked his 174th as a member of the Heat, fourth most in team history. He dished out his 100th assist of the season on Jan. 8 vs. Houston, marking his seventh consecutive year with at least 100 assists, tying for the second-most 100-assist seasons in Heat history.

Heat rookie Jaime Jaquez Jr. has been selected to participate in the Rising Stars game for first- and second-year players during the Friday of All-Star Weekend and is expected to be named to the dunk contest during All-Star Saturday.

Miami Heat All-Stars

1996: Alonzo Mourning.

1997: Mourning*, Tim Hardaway.

1998: Hardaway.

2000: Mourning (starter).

2001: Mourning* (starter), Anthony Mason** (starter).

2002: Mourning.

2005: Shaquille O’Neal (starter), Dwyane Wade, Stan Van Gundy (coach).

2006: O’Neal (starter), Wade (starter).

2007: O’Neal (starter), Wade (starter).

2008: Wade (starter).

2009: Wade (starter).

2010: Wade (starter).

2011: LeBron James (starter), Wade (starter), Chris Bosh.

2012: James (starter), Wade (starter), Bosh.

2013: Bosh** (starter), James (starter), Wade (starter), Erik Spoelstra (coach).

2014: James (Ssarter), Wade (starter), Bosh.

2015: Bosh, Wade*.

2016: Wade (starter), Bosh*.

2018: Goran Dragic.

2019: Wade.

2020:  Bam Adebayo, Jimmy Butler.

2022:  Butler, Spoelstra (coach).

2023: Adebayo.

2024: Adebayo.

* – Did not play due to injury.

** – Replacement starter.

Keller Williams agrees to pay $70 million to settle real estate agent commission lawsuits nationwide

Thu, 02/01/2024 - 17:03

By ALEX VEIGA (AP Business Writer)

LOS ANGELES (AP) — One of the nation’s largest real estate brokerages has agreed to pay $70 million as part of a proposed settlement to resolve more than a dozen lawsuits across the country over agent commissions.

The agreement, filed Thursday with federal courts overseeing lawsuits in Illinois and Missouri, also calls on Keller Williams Realty Inc. to take several steps aimed at providing homebuyers and sellers with more transparency over the commissions paid to real estate agents.

“We think it’s a tremendous victory for homeowners and homebuyers across the country,” said Michael Ketchmark, one of the attorneys representing the plaintiffs in the lawsuits.

The central claim put forth in the lawsuits is that the country’s biggest real estate brokerages engage in practices that unfairly force homeowners to pay artificially inflated agent commissions when they sell their home.

In October, a federal jury in Missouri found that the National Association of Realtors and several large real estate brokerages, including Keller Williams, conspired to require that home sellers pay homebuyers’ agent commission in violation of federal antitrust law.

The jury ordered the defendants to pay almost $1.8 billion in damages. If treble damages — which allows plaintiffs to potentially receive up to three times actual or compensatory damages — are awarded, then the defendants may have to pay more than $5 billion.

More than a dozen similar lawsuits are pending against the real estate brokerage industry.

Moving Keller Williams out from under that cloud of litigation and uncertainty motivated the company to pursue the proposed settlement, which would release the company, its franchisees and agents from similar agent commission lawsuits nationwide. The company based in Austin, Texas, operates more than 1,100 offices with some 180,000 agents.

“We came to the decision to settle with careful consideration for the immediate and long-term well-being of our agents, our franchisees and the business models they depend on,” Gary Keller, the company’s executive chairman, wrote in a companywide email Thursday. “It was a decision to bring stability, relief and the freedom for us all to focus on our mission without distractions.”

Among the terms of its proposed settlement, Keller Williams agreed to make clear that its agents let clients know that commissions are negotiable, and that there isn’t a set minimum that clients are required to pay, nor one set by law.

The company also agreed to make certain that agents who work with prospective homebuyers disclose their compensation structure, including any “cooperative compensation,” which is when a seller’s agent offers to compensate the agent that represents a buyer for their services.

As part of the settlement, which must be approved by the court, Keller Williams agents will no longer be required to be members of the National Association of Realtors or follow the trade association’s guidelines.

Two other large real estate brokerages agreed to similar settlement terms last year. In their respective pacts, Anywhere Real Estate Inc. agreed to pay $83.5 million, while Re/Max agreed to pay $55 million.

The Senate is headed for a crucial test vote on new border policies and Ukraine aid

Thu, 02/01/2024 - 16:34

By STEPHEN GROVES, MARY CLARE JALONICK and LISA MASCARO (Associated Press)

WASHINGTON (AP) — The Senate will hold a crucial test vote next week on legislation that would pair new policies at the southern border with wartime aid for Ukraine and other American allies, leaders pressing ahead despite heavy skepticism from Republicans and some Democrats.

Senate Majority Leader Chuck Schumer said he will set in motion a test vote on the national security package for Wednesday. However, with some Republicans resisting the timeline and many remaining uncommitted to supporting the border policy changes, the bill’s future remained uncertain.

“Our southern border is in urgent need, in urgent need, of fixing,” Schumer said in a floor speech.

Senate negotiators are expected in the coming days to release the text of a bill that would overhaul the U.S. asylum system with tougher and quicker enforcement as well as send tens of billions of dollars in military assistance to Ukraine, Israel and other allies in Asia. Negotiators, toiling for weeks to finish the deal, have kept the bill’s details a closely guarded secret, but have come under heavy pressure from Republicans who are both frustrated they have not seen the bill’s contents and are wary of making any compromise on border security.

The Senate deal could be President Joe Biden’s best chance to enact policies to address a southern border that has been marked by historic numbers of migrants seeking asylum as well as deliver on one of his top foreign policy goals — buttressing Ukraine’s defense against the Russian invasion. The Senate readied to proceed towards a vote next week, but widespread support from Republicans, especially House Speaker Mike Johnson, remained doubtful.

“We’ll see. I will try,” Biden told reporters Thursday morning as he entered a prayer breakfast at the Capitol with Johnson.

Many Senate Republicans have declined to offer support for the bill until they can dig into its details. They are also facing a headwind of criticism from Donald Trump, the likely Republican presidential nominee who has called the proposals insufficient to clamp down on illegal immigration.

The lead Republican negotiator, Sen. James Lankford of Oklahoma, has tried for weeks to convince his colleagues that the proposal represents Republican’s best opportunity in decades to gain control of illegal immigration — an issue they have made central to their political campaigns. He hoped that releasing the bill would counter the heavy criticism it has received from conservatives and activists.

“I’ve explained it a lot, but people just need to read the text,” Lankford told reporters. “They hear it, but then they read the internet and try to make a decision — which one they believe the internet or me. And so they got to see the text.”

Both Trump and Johnson, the House speaker, have derided one of the bill’s main compromises: an expulsion authority that would automatically kick in on days when illegal crossings reached more than 5,000 over a five-day average across the Southern border. They both argue it amounts to greenlighting 5,000 migrants to cross the border daily.

But Lankford and Sen. Kyrsten Sinema, an Arizona independent who also crafted the bill, have pushed back hard on that claim. They said the expulsion authority is only meant to prevent authorities from being overwhelmed with asylum seekers and that any migrant seeking asylum will face both tougher standards in initial interviews to enter the asylum system and a fast-track system that either grants their asylum application or deports them.

If migrants apply for asylum at a port of entry, they would be placed in a “removal authority program” and have their asylum case decided within six months, Sinema said. Migrants who cross the border illegally would be put into detention and removed within 10 to 15 days if they fail initial interviews, known as credible fear screenings.

“The process is really set up to be able to process more people faster, make decisions faster, deport faster,” Lankford said.

The overhaul of the asylum system, as well as Biden’s promises to “shut down the border” if the bill is enacted, have alarmed immigration advocates who say it would deprive asylum seekers of the ability to have their claims fully considered by immigration courts and undermine the U.S.’s role as a safe haven for people fleeing violence.

“The Biden administration has shown itself to be completely consumed with border apprehension numbers rather than focusing on what is happening at the border with a humanitarian lens,” said Robyn Barnard, who directs refugee advocacy at Human Rights First.

Biden’s handling of the border could become one of his largest re-election vulnerabilities, and Democrats in the Senate have mostly warmed to the idea of passing a bill aimed at tamping down the number of asylum seekers at the border. The package is also expected to send billions of dollars to the immigration system, including for more Border Patrol agents, asylum officers and immigration judges.

Sinema said that the border policy parts of the bill were being finalized Thursday and she expected the funding aspects to wrap up soon after. The bill’s release will likely set up a frenzied effort in the Senate to gain support. GOP senators have said that a strong showing of votes from their conference would give Johnson, the speaker, a reason to put the bill on the House floor.

But Sen. Chris Murphy, the Connecticut Democrat who negotiated the bill, expressed frustration that support from Republicans remained doubtful after they last year had insisted on pairing the border policy changes with Ukraine aid.

“It’s wild to me that after working for four months to get a breakthrough deal to fix the border, Republicans are talking about walking away from it just because Donald Trump doesn’t like it,” he said.

Resistance from the right has stymied past efforts in Congress to pass bipartisan border security and immigration legislation, and lawmakers have not made major revisions to immigration law in decades.

Still, Sinema, who has been central to Senate deals on fraught political issues, departed the Capitol on a note of confidence: “I feel like we are going to get this done.”

___

Associated Press writer Seung Min Kim contributed.

Former executive of Hallandale Beach investment firm sentenced in fraud scheme

Thu, 02/01/2024 - 16:11

The former chairman of a Hallandale-Beach-based commercial lending business has been sentenced to five years in federal prison for orchestrating a securities fraud conspiracy scheme that raised over $280 million, using millions for his personal expenses and to fund a high-end lifestyle.

Carl R. Ruderman, 82, of Aventura, was being held in the Federal Detention Center in Miami as of Thursday. He entered a plea agreement in October and was sentenced Wednesday to the maximum five-year term for conspiracy to commit securities fraud.

Ruderman served from 2013 to at least July 2018 as the chairman of 1 Global Capital, a business that received money from investors and lent short-term, merchant cash advance loans, or MCA loans, to small businesses.

He and his co-defendants sought investors’ funds by falsely promising that 1 Global Capital’s investment returns would be in the double digits, according to a factual proffer, the facts agreed on by the defendant and prosecution. Ruderman and those working for him made “portfolio statements” that inflated the company’s past investment returns and misrepresented the status of certain loans to make it seem they were performing better than they actually were.

Investors were also told that 1 Global Capital’s financial statements were audited by at least two certified public accounting firms, which in actuality never happened, according to the factual proffer. Ruderman diverted millions from investors for personal expenses, including traveling for vacations, insurance payments for art and jewelry, personal staff, credit card payments, his mortgage, tuition and a luxury car for his wife.

“Overtime, the difference between the amount of money 1 Global raised from investors and the amount of money 1 Global actually loaned out via MCAs grew to tens of millions of dollars,” the factual proffer said.

Ruderman received at least $4 million of investors’ money in a trust in his family’s name, $200,000 to his accounts and $5.6 million to an account called “Pay Now Direct” that the factual proffer said he often funneled money through.

Investors, advisers and regulators questioned whether 1 Global’s investment offering was a security per the U.S. Securities and Exchange Commission and subject to federal securities law and registration requirements.

He instructed attorney Jan Atlas to write two opinion letters in 2016 that said it was not a security, despite having received legal advise that it, in fact, was, the factual proffer said. Another attorney Andrew Ledbetter was involved with that plan.

Atlas, 79, and Ledbetter, 81, both previously pleaded guilty to conspiracy to commit wire fraud and securities fraud, federal prosecutors said.

Atlas was sentenced to eight months in prison and was released in June 2023. Ledbetter was sentenced to five years and was ordered to pay over $148 million to the victims. His sentence ends in October 2024, Federal Bureau of Prisons records say.

Two other co-defendants previously pleaded guilty: Alan G. Heide, 65, former 1 Global CFO; and Steven Allen Schwartz, 79, former COO.

Heide pleaded guilty to conspiracy to commit securities fraud and was sentenced to five years, according to prosecutors. He was released from prison in December 2023, prison records show.

Schwartz pleaded guilty to conspiracy to commit wire fraud and securities fraud and was sentenced to 10 months. He was ordered to surrender for his sentence in June 2024, according to court records.

1 Global filed for bankruptcy in 2018 and the SEC previously filed civil fraud actions against the company.

Marlins’ Jazz Chisholm loses in salary arbitration on his 26th birthday

Thu, 02/01/2024 - 16:08

SCOTTSDALE, Ariz. — Jazz Chisholm Jr. got disappointing news on his 26th birthday, losing to the Miami Marlins in the first salary arbitration decision of the year.

The outfielder will be paid $2,625,000 rather than his $2.9 million request, Margaret Brogan, Jeanne Vonhof and Scott Buchheit ruled Thursday. The panel heard arguments from both sides a day earlier.

Chisholm hit .250 with 19 homers, 51 RBIs and 22 stolen bases in 25 tries last year, when he was shifted to center field from second base and shortstop. He went 0 for 8 with four strikeout as the Marlins were swept by Philadelphia in their NL Wild Card Series.

The speedy Chisholm was an All-Star in 2022, when he batted .254 with 14 homers, 45 RBIs and 12 steals in 17 attempts. He didn’t play after June 28 because of a back injury.

Chisholm had a $749,500 salary last year and was eligible for arbitration for the first time.

Miami also is scheduled for hearings with second baseman Luis Arraez ($12 million vs. $10.6 million) and left-hander Tanner Scott ($5.7 million vs. $5.15 million). Arraez beat the Marlins last year and was awarded $6.1 million rather than $5 million, then won his second straight batting title after leading the AL with Minnesota in 2022.

Chisholm was the second player to go to a hearing this year. All-Star outfielder Austin Hays asked for $6.3 million on Tuesday and the Baltimore Orioles argued for $5.85 million. A decision in that case is not expected until next week.

Angels left-hander José Suarez asked for $1.35 million while Los Angeles argued for $925,000 in a case heard Thursday by Joshua Gordon, Walt De Treux and Howard Edelman. A decision is expected Friday.

The 26-year-old Suarez was 1-3 with an 8.29 ERA in seven starts and four relief appearances, earning $750,000. He was sidelined between May 7 and Sept. 13 by a strained left shoulder.

They are among 18 players scheduled for hearings, which run through Feb. 16.

___

AP MLB: https://apnews.com/MLB

Federal investigators examining collapsed Boise airplane hangar that killed 3

Thu, 02/01/2024 - 15:44

By REBECCA BOONE (Associated Press)

BOISE, Idaho (AP) — Federal investigators were working Thursday to try to determine what caused a steel airplane hangar that was under construction in Idaho to collapse the previous evening, killing three people and leaving several others badly injured.

The Boise Fire Department said in the morning that the scene was turned over to OSHA investigators. Though the hangar is at the Boise Airport, it is privately owned by Jackson Jet Center, a charter flight and maintenance company.

The Ada County Coroner’s office was expected to release the names of those killed once family members had been notified.

Nine other people were hurt, including five who had critical injuries and were hospitalized. Officials with Saint Alphonsus Regional Medical Center said they could not issue an update on the condition of the patients because of privacy laws.

The collapse was reported about 5 p.m., and first responders had to stabilize the massive structure while trying to rescue those who were trapped inside and underneath it. Steel girders and panels were bent, and a large crane was folded in the wreckage.

Inland Crane was hired to provide crane services for the hangar, but that work was largely completed when the accident occured, Jeremy Haener, company vice president, said in a statement. Haener said none of Inland Crane’s employees were injured but the company was mourning the loss of partners and friends.

“Based on accounts of Inland Crane operators, construction workers on site, and the steel erecting contractor, we believe that no action by Inland Crane operators or the crane itself were cause for the structural failure,” Haener said.

At the time of the accident, the crane was being used to place an end truss, Haener said.

“When the building collapsed due to an unknown structural failure, the crane boom — the hydraulic arm of the equipment — snapped on impact.”

Fire Department Operations Chief Aaron Hummel said some of the victims were on a hoist or other elevated platform when the structure fell, and that required specialized rescue efforts.

Boise Fire Chief Mark Niemeyer said Thursday that it had been a “tragic day” for the community and expressed “heartfelt condolences” to those affected. He also praised first responders “for their quick and professional response rescuing victims and caring for patients in a chaotic and very dangerous environment.”

Construction work can be hazardous, and steel erection — the type of work being done at the hangar — is one of the top 10 most dangerous occupations, according to data from the U.S. Bureau of Labor Statistics.

The construction industry had the highest number of fatal work injuries in 2002, the most recent year for which data is available, according to the bureau. The agency tallied 1,056 work-related deaths for the sector that year, the equivalent of 13 out of every 100,000 full-time workers.

Boise city records show that the Meridian-based contractor Big D Builders obtained permits to build a 39,000-square-foot (3,623-square-meter) hangar for Jackson Jet Center.

The $8.1 million project was to include earth grading, a concrete foundation and a metal building. Phone and email messages seeking comment from Big D Builders were not immediately returned.

Hummel said the building’s rigid steel frame had been erected and crews were still working on the structural components that would have tied it together when the “catastrophic” failure happened.

“It was a pretty global collapse that occurred, and the main structural members came down,” Hummel said.

Officials with the Occupational Safety and Health Administration have not yet released any details about possible causes. The investigation could take up to six months, according to David Kearns, area director for the Boise OSHA office.

“This is a tragedy with a lot of people across the valley grieving today,” Kearns said. “Unfortunately events like these often drive home the importance of ensuring that work site safety and health is a core value at workplaces.”

Wind can sometimes be a factor in the failure of buildings that are under construction, and gusts of up to 20 mph (32 kph) were recorded at the airport just before the collapse was reported, according to the National Weather Service in Boise.

Many other elements can also come into play, including the quality of welding and bolts, a structure’s design or how it is assembled and braced.

Kearns said he couldn’t talk about whether wind or other factors might have played a role.

OSHA records show that Big D Builders received multiple safety violations from the agency in the last 10 years. The first, in 2014, was for having workers who weren’t trained in the proper procedures for erecting extension ladders. Two others in 2017 and 2022 resulted from having subcontractor employees working too close to holes in floors or walls without adequate protection from falls. A fourth violation in 2023 resulted in a $21,875 fine — a higher amount because it was deemed a “repeat violation” — after OSHA said workers were exposed to fall hazards while installing metal sheathing on the roof of a steel building.

There was no indication in the OSHA records that anyone was ever injured in connection with those violations. Fall and ladder hazards are among the most common violations issued by the agency.

Big D Builders has operated in Idaho for 28 years, according to the Idaho Secretary of State’s website. It has worked on many steel fabricated construction projects throughout the West, including the SkyWest hangar at the Boise Airport, according to the company’s website.

Greg Baisch, who hired Big D Builders to construct his Sage Hills Equestrian facility last year in Eagle, said he was impressed with the company’s work and was shocked to hear of the hangar collapse.

“They were safe, conscientious, professional and did a fantastic job erecting the structure during the challenging winter season,” Baisch said. “I’d hire them again”

Jackson Jet Center officials said in a statement that they did not know what caused the collapse and “our focus now is on supporting our team and partners during this difficult time.”

Cody McGowan was working about 100 yards (90 meters) away Wednesday when he heard a sound like a loud dog whine. Looking up he saw the structure, perhaps 3½ to 4 stories high, collapsing on itself and part of the crane on top.

“It’s shocking to see a building falling in on itself,” McGowan said.

Analysis shows destruction and possible buffer zone along Gaza Strip’s border with Israel

Thu, 02/01/2024 - 15:25

By JON GAMBRELL (Associated Press)

JERUSALEM (AP) — Satellite photos show new demolition along a 1-kilometer-deep path on the Gaza Strip’s border with Israel, according an analysis by The Associated Press and expert reports. The destruction comes as Israel has said it wants to establish a buffer zone there, over international objections, further tearing away at land the Palestinians want for a state.

The demolition along the path represents only a sliver of the wider damage from the Israel-Hamas war seen in Gaza, which one assessment suggests has damaged or destroyed half of all the buildings within the coastal enclave.

Israeli leaders have signaled that they would like to establish a buffer zone as a defensive measure, which they contend could prevent a repeat of the Oct. 7 cross-border attack by Hamas that triggered the nearly four-month-old war. That’s despite U.S. warnings not to shrink Gaza’s territory.

Israel’s military declined to answer whether it is carving out a buffer zone when asked by the AP, only saying it “takes various imperative actions that are needed in order to implement a defense plan that will provide improved security in southern Israel.” However, the military has acknowledged it has demolished buildings throughout the area.

An Israeli government official, speaking on condition of anonymity to discuss ongoing internal deliberations, said a “temporary security buffer zone” is under construction.

But the scope of the demolitions calls into question how temporary the possible buffer zone will be.

Gaza has a nearly 60-kilometer (37-mile) border with Israel, with its back up against the Mediterranean Sea. Creating that buffer zone would take some 60 square kilometers (23 square miles) out of the Gaza Strip, which has a total landmass of about 360 square kilometers (139 square miles).

Toward the southern part of the Gaza Strip, much of the land in the imagined buffer zone is farmland that abuts the vast $1 billion border barrier constructed on Israeli land that separates it from the enclave. But near the town of Khirbet Khuzaa, where the border turns to the northwest, it’s a different story.

Satellite images from Planet Labs PBC analyzed by the AP show significant destruction of buildings and lands bulldozed in a roughly 6-square-kilometer (2.3-square-mile) area. Just over 4 kilometers (2.5 miles) north, farmland has been torn up into bare dirt along where the potential buffer zone would sit.

Further north is an area in central Gaza’s Maghazi refugee camp. There, Israeli reservists preparing explosives to demolish two buildings near the Israeli border were killed in January when a rocket-propelled grenade was fired at a tank nearby. The blast triggered the explosives, collapsing both two-story buildings onto the soldiers, killing 21.

A large complex of warehouses sits destroyed just southeast of Gaza City, also within the potential buffer zone.

The AP’s visual analysis corresponds with data from scientists studying satellite data to make sense of the war’s damage.

Adi Ben-Nun, the manager of the Hebrew University of Jerusalem’s Geographic Information System Center, has surveyed damage along the potential buffer zone up until Jan. 17. Of some 2,850 buildings that could potentially face demolition, 1,100 already have been damaged, he told the AP. Across the Gaza Strip, he estimates 80,000 structures have been damaged during the war.

Corey Scher of City University of New York and Jamon Van Den Hoek of Oregon State University put the damage even higher. They estimate at least half of all buildings in Gaza, some 143,900 structures, have been damaged or destroyed during the war. The most intense damage has been around Gaza City — the first city targeted in the ground offensive — though damage has increased in the southern city of Khan Younis.

In the area where the 1-kilometer buffer would be, at least 1,329 buildings have been damaged or destroyed since the war began, the U.S. analysts told the AP.

Gaza’s border with Egypt already has a narrow buffer zone known as Philadelphi Corridor, which was created as part of Cairo’s 1979 peace deal with Israel.

In December, Israel informed Western allies and regional Arab nations about its plans to create a buffer zone between the Gaza Strip and Israeli territory, Egyptian and Western diplomats told the AP. The discussions then did not include specifics.

News of the buffer zone sparked worries from the international community about eating further into Palestinian territory, particularly in the U.S., which has been Israel’s main backer during the war.

“We do not support any diminution of the territory of Gaza,” U.S. Secretary of State Antony Blinken warned on Jan. 25.

The State Department did not respond to questions from the AP on the analysis of the demolition in the possible buffer zone. However, State Department spokesperson Matthew Miller on Wednesday told journalists that officials had “raised with (Israel) the issue of the establishment of a buffer zone.”

“I will say we have made clear to them the same thing that we have said publicly, which is we are opposed to any reduction in the size of the territory of Gaza,” Miller said.

Meanwhile, there has been a continued growth of Israeli settlements in the West Bank under the far-right government of Benjamin Netanyahu.

That further undermines the prospects for an independent Palestinian state in the long-sought two-state solution to the decades-old Israeli-Palestinian crisis. The Palestinians want the West Bank, east Jerusalem and Gaza Strip — areas captured by Israel in the 1967 Mideast war — for their future state.

The Palestinian Foreign Ministry, under the Palestinian Authority that oversees the occupied West Bank, said in a statement that “Israel continues to implement its occupation and colonial projects in the Gaza Strip, evident in its recent initiation of what it calls ‘buffer zones’ along the borders of Gaza Strip.”

Senior Hamas official Basem Naim said Hamas, which rules the Gaza Strip, was “determined not to let this happen“ when asked about the possible Israeli plans for a buffer zone. He did not elaborate.

___

Associated Press writers Josef Federman and Isabel DeBre contributed to this report.

Sacramento Kings at Miami Heat | PHOTOS

Wed, 01/31/2024 - 20:38

Winderman’s view: Heat’s supporting cast supports when needed most

Wed, 01/31/2024 - 19:54

MIAMI — Observations and other notes of interest from Wednesday night’s 115-106 victory over the Sacramento Kings:

– This was about the little things.

– Which, to a degree, is what this superstar-less Miami Heat team is about.

– (With all due respect to playoff Jimmy Butler.)

– To be at their best, the Heat have to be at their collective best.

– Which means Jaime Jaquez Jr. again bringing the energy.

– Caleb Martin playing with a fast twitch.

– Kevin Love adding the subtleties.

– Josh Richardson getting back to his Rook 2 form from a previous Heat era.

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– Those all were there Wednesday night.

– Which makes life easier for Butler.

– And Bam Adebayo.

– And Tyler Herro.

– And Terry Rozier, in his adjustment.

– Those four remain the primary consideration.

– But those four are not a big four.

– They need more.

– Like what was offered in assistance in this one.

– The Heat made it four consecutive games with a starting lineup of Adebayo, Haywood Highsmith, Butler, Herro and Rozier.

– Adebayo then was forced to the bench with his second foul 3:16 into the game, leading to an early entrance for Thomas Bryant.

– Bryant’s stint was brief, with Love and Jaquez then entering together as part of the regular rotation.

– Martin and Richardson followed.

– That left Nikola Jovic and Cole Swider as the only available players not to see action in the first nine minutes.

– Although Bryant’s stint was limited to 2:41.

– Heat coach Erik Spoelstra was asked about having to go without the 3-point shooting of Duncan Robinson, who is in NBA concussion protocol.

– “We have enough spacing and I feel like a handful of our guys are due and are ignitable,” he said. “Our whole offense doesn’t have to be built on that.”

– Spoelstra then reiterated his stance that a turnaround has to be a product of the Heat defense.

– “The defense is something that we definitely want to collectively have more commitment and resolve on that side of the floor,” he said. “We just feel like a lot of these things will take care of themselves if you get the karma of the game going in the right direction.”

– As for Robinson, he hit his head against the court in Saturday’s loss in New York but was not formally placed into concussion protocol until after a brief stint in Monday night’s home loss to the Suns.

– “He felt OK in the New York game and the next day was off, and he felt fine in the shootaround,” Spoelstra said of Monday’s sequence. “And then during the beginning of the game, he felt a little bit off and that’s when we had him go back in the training room and get checked out.”

– It appears Robinson will miss more than just Wednesday.

– “He’s at the beginning of the process of that,” Spoelstra said of the league’s concussion protocol. “But we’re glad the we caught it, because sometimes you don’t recognize and move around and do something at that speed.”

After an unlucky seven, Heat snap skid with 115-106 victory over Kings behind Butler’s 31

Wed, 01/31/2024 - 19:53

MIAMI — The last time the Miami Heat had won a game:

– Taylor Swift wasn’t yet headed to the Super Bowl.

– Joel Embiid and Luka Doncic had yet to score 70.

– And Ron DeSantis still was a presidential candidate.

That was back on Jan. 15 when there was a one-point escape in overtime at Barclays Center against the Brooklyn Nets.

Much had changed in the interim, except for the losses that extended the Heat’s losing streak to seven, their longest in nearly 16 years.

Wednesday night at Kaseya Center, there finally was an exhale, with a 115-106 victory over the Sacramento Kings, the 1,500th victory in the franchise’s 36 seasons.

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“It sure feels a lot better than where we were,” coach Erik Spoelstra said. “For one day, it feels great. I’m fine with everybody having a little bit of an exhale,”

No, it wasn’t easy, blowing an early 18-point lead and surviving some shaky late moments.

But the skid is over.

Jimmy Butler led the Heat with 31 points, with Bam Adebayo adding 16 points and 11 rebounds, and Tyler Herro 14 points, eight rebounds and eight assists. There also was an unexpected and welcomed 24-point boost off the Heat bench from Josh Richardson.

Those efforts, a season-high 38 assists, and stout play with the Heat’s zone defense, were needed to offset 33 points from Sacramento’s Keegan Murray and a 19-point, 17-rebound, 13-assist triple-double from Kings center Domantas Sabonis.

“We were smiling,” Butler said of the feel-good night. “We were legit having fun again.”

Said Adebayo, “Everybody held each other accountable.”

Five Degrees of Heat from Wednesday night’s game:

1. Closing time: The Heat led 28-22 at the end of the first period, went up 18 in the second period, with their lead down to 59-54 at the intermission.

In an eventful third period, the Heat then fell behind, went up 10, and wound up ahead 90-84 going into the fourth.

Butler then took his usual rest at the start of the fourth quarter, entering with 7:49 to play and the Heat up 97-88.

Sabonis later coveted a three-point play with 5:41 left to draw Sacramento within 99-93, before the Heat pushed back to complete their first victory in two weeks.

“The group poured a lot into the last 24 hours, poured into each other, poured into this process, poured into solutions,” Spoelstra said. “We just kind of circled the wagons.”

2. Attack mode: With Adebayo called for two fouls in the first 3:16, Butler went into attack mode early, putting his fingerprints all over the offense.

That included an alley-oop finish off a Kevin Love pass midway through the period, and then a drive-and-kick assist for a Love 3-pointer moments later.

Butler had five rebounds in his first seven minutes, aggression needed with Adebayo forced to be bench early, with nine points in his initial 10-minute stint.

Butler was up to 23 points going into the fourth quarter.

“That guy Jimmy,” Spoelstra said, “he was pretty good tonight.

“When he attacks aggressively, that solves a lot of problems for us.”

He closed 10 of 14 from the field and 9 of 12 from the line, also 2 of 3 on 3-pointers, with seven rebounds and six assists.

“That’s the way we want to play,” Butler said of the ball moving and the defense playing in lockstep.

3. Fitting in: With Duncan Robinson in NBA concussion protocol from a fall in Saturday’s loss to the New York Knicks, it opened the door for playing time for Richardson, who seized the moment by opening 4 of 5 on 3-pointers.

Richardson scored 11 points at the start of the second period to spark a 13-0 Heat run, with 16 at the intermission.

With Richardson, it becomes less a case of the defensive sacrifice made when Robinson is called upon on that end, with Richardson helping stabilize the Heat’s zone defense at the close.

Richardson closed 9 of 15 from the field, including 6 of 10 on 3-pointers.

“Once I got going in the game,” Richardson said, “it was let it fly.”

4. Terry tracker: It continues to be an adjustment for Terry Rozier in his adjustment from last week’s trade from the Charlotte Hornets, this time scoreless on 0-for-3 shooting in his initial stint, as well as the lone Heat starter to go scoreless in the first half.

Rozier opened 0 for 5 before converting a 3-pointer with 1:59 left in the third period, a stage when he already had nine assists.

He closed 1 of 8 from the field for three points, but also with a team-high 10 assists.

“The offense started with our backcourt,” Spoelstra said, “making winning plays.

“Tyler and Terry set the tone with that. They were assertive and aggressive. So they set the tone.”

Rozier showed particular chemistry with Adebayo.

“T was making plays tonight,” Adebayo said. “He was all over the court.”

5. Sizzle season: Sabonis continues to play as the fulcrum of the Kings’ success, this time reaching his 13th triple-double of the season. Only Denver Nuggets center Nikola Jokic, with 14, has more.

It was Sabonis’ seventh triple-double in January, the fourth player in NBA history with seven or more triple-doubles in January, joining Oscar Robertson (four), Nikola Jokic (two) and Russell Westbrook (two).

It also was Sabonis’ 29th consecutive double-double, tying Robertson for the longest double-double streak in a single season in franchise history.

Sabonis now has recorded 17 career triple-doubles with at least 15 rebounds, passing Magic Johnson (16) and Larry Bird (16) for fifth-most in NBA history.

Amid worries about LGBTQ rights, many Pride parades will march on in Florida this year

Wed, 01/31/2024 - 17:38

Pride event organizers are forging ahead with this year’s celebrations across Florida. And they’re hoping to draw larger crowds than last year, when some celebrations were canceled due to the state’s political climate.

Among the hurdles that organizers say they’re now facing: It has become more challenging to secure sponsors.

Not all companies want their names connected to Pride events “because of economic concerns but also political concerns,” said Patrick Gevas, spokesman for Miami Beach Pride, which will start its week of events April 5. “Sponsors are worried about spending going into an election.”

The Stonewall Parade & Street Festival, one of South Florida’s largest pride celebrations, will take place on Wilton Drive in Wilton Manors on June 15. Finding sponsors has risen as a primary concern, said Jeffrey Sterling, CEO of Stonewall Pride Inc. “It’s a No. 1 topic,” Sterling said.

He said he hopes to pick up new sponsorships after losing some business support last year. To ensure it succeeds, the city of Wilton Manors also is considering kicking in some financial help.

LGBTQ advocates decried many Florida bills last year as a “slate of hate,” ranging from keeping children out of drag shows, to pronouns in schools, to transgender treatments for minors. And additional initiatives are being advanced this year. One bill would ban teachers and other government employees from displaying a rainbow flag. There’s also the recent state effort to ban gender changes on driver’s licenses.

“Overall with the political climate, the LGBTQ community still feels under attack by the governor,” said Aubrey Jewett, a political science professor at the University of Central Florida. “The atmosphere has not overall changed, but there is a renewed sense of determination for a lot of people in the LBGBTQ community to show up and support the parade marchers.

“They have to, right? To show they are visible, real people, not a threat and they don’t need all these bills … that curtail their rights.”

Robert Kesten, the executive director of the Stonewall National, Museum, Archives, & Library in Fort Lauderdale, said he expects more participation in 2024 because “people are more comfortable this year than last year.”

“The pushback by the courts on things like drag queens” has made people feel empowered, he said. “So I think people are starting to feel a lot more confident that the government is being put back in its place to serve the people and not run the people.”

“I think people will have the confidence that the community is on the right side of history, and those who were trying to push people back into closets really are getting pushed back from the at-large community.”

Many Pride events are scheduled this year:

  • Miami Beach Pride will start its week of events April 5, with the festival April 13-14. The drag pageant will remain after-hours, behind closed doors, only open for ages 21 and older. Organizers are “continuing be mindful of the legislative landscape,” Gevas said.
  • Palm Beach Pride will take place at Bryant Park in Lake Worth Beach on March 23 and 24.
  • Tampa Pride in 2023 canceled its ‘Pride on the River’ event, but it will be back in March this year.
  • Key West Pride will go on as scheduled June 9. The event is a family-friendly parade, so there’s no concern about running afoul of any law, said Rob Dougherty, executive director of the Key West Business Guild.

Even though some Pride events were canceled last year, other organizers last year presented their events, but with new rules meant to comply with new legislation that Gov. Ron DeSantis signed into law in May.

A legal battle

The new law, labeled by its sponsors as the “Protection of Children Act,” prohibited any person from knowingly admitting a minor to an adult performance. It also authorized the Department of Business and Professional Regulation to fine, suspend, or revoke the operating or alcohol licenses of hotels or restaurants if they admit a child into an adult performance such as a drag show.

While the law did not specifically mention drag shows, it came as the state cracked down on venues in South Florida and Central Florida where children attended drag shows. The legislation also was passed amid a wave of bills in Florida and other Republican-led states targeting LGBTQ-related issues.

In response to a lawsuit filed by an Orlando restaurant, U.S. District Judge Gregory Presnell issued a preliminary injunction against the new law, concluding that it violated First Amendment rights.

The state is currently appealing that decision before the 11th Circuit Court of Appeals. In November, the U.S. Supreme Court rejected a request from DeSantis’ administration that would have allowed enforcement of the law during the legal battle.

Making changes

Because of the new law last year, organizers for the Stonewall Parade made several changes toward establishing a family-friendly atmosphere. That included a push for good conduct, a new dress code, and demanding no vulgar language.

There was some hesitation to proceed with the event at the time: As Sterling described it last year, the state law was gray on purpose, so “no matter what we do, they can find wrong. That’s what we fear.”

But the Stonewall Parade & Street Festival has been too vital to consider canceling, he said. For years, it has been a staple for Wilton Manors, known as the unofficial capital of the LGBTQ community in South Florida. The city’s first Stonewall festival was held in 1999 and has run every year, except in 2020 because of the pandemic.

Last year’s event ended up drawing tens of thousands of eventgoers, and was deemed a success.

The crowds showed up even though there was some heavy rain that day. But the weather still presented a setback of the unexpected kind: A large number of eventgoers got past the gates without paying to enter, Sterling said.

“We don’t always catch that,” Sterling said. “We’re not overly effective” stopping the uncaptured door revenue.

Because of the rain, the organizers “didn’t bring in the money they thought they would,” said Wilton Manors Mayor Scott Newton.

It has left some financial hurdles. The festival organizer still owes the Broward Sheriff’s Office an outstanding balance of $33,396, and also another $8,000 to the Fort Lauderdale Fire Department.

The city of Wilton Manors is willing to help. The City Commission is expected to vote in February whether to approve a $50,000 sponsorship to help pay for last year’s overdue security and public safety bills. Any funds that remain from the city’s support will be applied toward the 2024 bills.

The June 15 festival and all-day entertainment starts at 3 p.m. and the parade is at 7 p.m. The event ends at 11 p.m.

Sterling said he hopes the city becomes an official sponsor, with the potential for contributing $50,000 each year. “It’s an opportunity for our inclusive city to make a public statement and lead by example,” he said. “We need a leader to stand up and say this is important.”

Mayor Newton added, “No matter what happens, we’re going to make sure Stonewall is part of the fabric of Wilton Manors. One way or the other, it will continue to go on.”

Lisa J. Huriash can be reached at lhuriash@sunsentinel.com. Follow on X, formerly Twitter, @LisaHuriash

General Daily Insight for February 01, 2024

Wed, 01/31/2024 - 17:01
General Daily Insight for February 01, 2024

Conflict might currently run deeper than it first appears. As the image-focused Libra Moon badgers fretful Mercury, we may pick at each other over the tiniest of perceived flaws. After Luna shifts into emotional Scorpio at 3:37 pm EST, it squares manipulative Pluto, bringing more complicated dynamics into the light. Even seemingly well-intentioned corrections possibly contain an element of seeking to wield power over others! Not every want is destined to be fulfilled, but being honest about our valid needs can help.

Aries

March 21 – April 19

A major personal goal of yours could currently be stirring strife in one of your close relationships. Perhaps you need to be more careful about balancing your pursuit of your ambitions with a commitment you’ve already made. Whatever is ultimately decided between the two of you, you don’t need to rush to tell all your peers, as fear of their judgment might stop you from seeing the entire situation with clarity. Focus on who really has a stake in the outcome.

Taurus

April 20 – May 20

Trying to decide between duty and adventure could weigh on you today — especially if you think that someone else is nudging you too hard in a particular direction. After the perceptive Moon shifts into your relationship sector, this provocation might start you studying your overall dynamic with this person. Are they always allowed to call the shots, no matter what the circumstances, because they seem vulnerable or needy in some way? A confrontation can be clarifying, even when it’s uncomfortable.

Gemini

May 21 – June 20

Joking around runs the risk of hitting a nerve at this time. Even so, that potentially feels safer than pushing directly against someone with a forceful and dogmatic attitude. Contesting this person on specific details that they’re rigidly attached to isn’t likely to go anywhere productive. They probably know the intricacies of their position too well. Playfully zoom out a bit — who put them in charge of everyone else, anyway? There’s no need to argue, but you can attempt to avoid their drama.

Cancer

June 21 – July 22

Picking at a loved one has the potential to push them away now. Perhaps you’re motivated by a longing for closeness. That said, criticism, however lovingly meant, isn’t a good way to achieve that. As the nurturing Moon moves into your 5th House of Pleasure, you’ll probably have a better time if you can find something fun to do together. Even a seemingly shallow activity could spark the intimacy you crave, so make an effort to release your expectations and live in the moment.

Leo

July 23 – August 22

Getting bogged down in details could bury an important message you’re currently trying to communicate. The real problem might be that you don’t feel emotionally secure in one of your close relationships — and no amount of nit-picking will fix that. Ultimately, you can’t coerce the other person into meeting all your needs for connection. On the other hand, telling them how you’re feeling may clear the air. Stay open to suggested solutions you wouldn’t have thought of on your own.

Virgo

August 23 – September 22

A risky financial move could appeal to you at present. Whether or not your get-rich-quick scheme succeeds, however, it may not solve your underlying problem. Even if you managed to bring more money into the picture, you still might be stuck with an uncomfortably heavy workload. Talking to someone who can do something about that probably won’t be easy. Whatever discomfort you think such a conversation is likely to cause, weigh that against your resentment regarding the way things already are.

Libra

September 23 – October 22

Making room for your needs in a family context may now be challenging. It’s probably possible to get at least part of what you want, but it won’t necessarily be handed to you for free. As the nourishing Moon enters your resource sector, perhaps spending some extra money could give each person involved more space to do their own thing. Even if you didn’t plan for this in your budget, it still might be a relief to learn that you have options.

Scorpio

October 23 – November 21

You may be reluctant to comment directly on an issue that’s troubling you at the moment. Perhaps you think you can get your message across by dropping pointed hints. Unfortunately, that probably won’t succeed in the way you imagine — it could just provoke arguments about minor details. Being vulnerable is definitely a scary prospect, but it has the potential to quickly reach the heart of the matter. When you tell the other person what you want, you can actually receive it!

Sagittarius

November 22 – December 21

Hanging out with friends could encourage you to spend beyond your budget right now. It’s easy to get swept along when there’s a fun activity on offer. You may also feel like it’s a choice between being included on the group’s terms and ending up alone. If you have concerns, try to voice them clearly instead of oppressively hinting. A better plan that satisfies everyone might be possible, but it’ll be nigh impossible to find unless people believe they have a say in things.

Capricorn

December 22 – January 19

You might currently feel like obtaining the approval of an authority figure is necessary for you to move forward. Even so, going through them probably isn’t the only way for you to reach your goal. While the impressionable Moon slides into your social 11th house, you may have better luck letting the masses decide for themselves whether you’re on to something. Crowdfunding has its share of challenges, but at least it doesn’t have a gatekeeper. Succeed or fail on your own terms.

Aquarius

January 20 – February 18

Thinking about an unusual experience you’ve had could currently test your attachment to a comforting belief. The problem could really be a question of authority. Who gets to decide what happened — is that your call, or do you feel obligated to defer to some other person in a position of power? Connecting the dots in your own way may lead you to conclusions that no one else has yet reached, but that doesn’t necessarily make them wrong. Seize the opportunity to lead.

Pisces

February 19 – March 20

Finding comfortable boundaries with your current friends may be a challenge. When the emotional Moon in your intimate 8th house clashes with inquisitive Mercury in your social zone, an innocent question might provoke you to spill a deeply personal story! Even if your outpouring is received well, the aftermath could still leave you feeling unsettled just because it’s different. Changing the established norms of a group doesn’t mean dropping the idea of limits altogether — try to define your new normal.

Judge: Florida official overstepped authority in DeSantis effort to stop pro-Palestinian group

Wed, 01/31/2024 - 16:38

TALLAHASSEE — A federal judge on Wednesday refused to issue injunctions sought by pro-Palestinian student groups in First Amendment lawsuits against the state amid the war between Israel and Hamas, saying the students hadn’t shown that their speech has been chilled or that they face imminent punishment.

Students for Justice in Palestine at the University of Florida and Students for Justice in Palestine at the University of South Florida filed lawsuits in November alleging that efforts by Gov. Ron DeSantis and state university leaders to disband the groups violated their First Amendment rights.
The lawsuits came after state university system Chancellor Ray Rodrigues issued an October memorandum to university presidents linking the organizations to the National Students for Justice in Palestine.

Rodrigues’ memo said the national group had released a “toolkit” supporting Hamas combatants’ Oct. 7 attack on Israel, which killed about 1,200 Israelis and set off the deadly war that has included Israel leveling large parts of Gaza. The memo also pointed to a state law that makes it a crime to provide material support to designated foreign terrorist organizations.

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The lawsuits were filed against Rodrigues, the state university system Board of Governors and DeSantis. Lawyers for the state officials asked Chief U.S. District Judge Mark Walker to dismiss the cases, arguing that only the universities’ boards of trustees — not DeSantis or Rodrigues — had the power to deactivate the groups. The universities have remained silent but have not taken actions against the student organizations.

Walker, who heard arguments last week in the lawsuits, on Wednesday dismissed DeSantis as a defendant and rejected the groups’ request for preliminary injunctions to block efforts to dismantle them.

“In short, the record demonstrates that neither deactivation nor criminal investigation is imminent. Instead, this court finds that no actions have been taken in pursuit of deactivation under the chancellor’s memorandum. And, as this court has already found, the defendants with legal authority to directly regulate registered student organizations do not intend to deactivate plaintiff,” Walker wrote in a 15-page ruling in the UF case.

During last week’s arguments, lawyers for the student groups told Walker that Rodrigues’ “deactivation order” had caused a “chilling” effect and made students afraid to be associated with the organizations and participate in their activities.

But Walker on Wednesday noted that students were still meeting and speaking out.

“This court’s finding is based on the fact that nobody introduced any evidence of additional actions the university took in furtherance of the memorandum before plaintiff filed its complaint,” the judge wrote.

Walker pointed to comments Rodrigues made at a Nov. 9 Board of Governors meeting, where the chancellor said that university officials hadn’t taken any action to dismantle the groups. Rodrigues at the time also said both universities had obtained legal opinions raising concerns about “potential personal liability for university actors” charged with dismantling the groups.

“Ultimately, the evidence before this court demonstrates that ‘deactivation’ remains simply an amorphous threat contingent upon either the BOT (university board of trustees) reevaluating its aversion to possibly incurring personal liability or the BOG (board of governors) taking some action to pass a new regulation to take back its delegation of authority over student organizations. Absent any evidence to suggest either of these future contingencies are imminent, the asserted injury of threatened deactivation remains merely speculative,” Walker concluded.

Walker also said the record “is devoid of any evidence” that the student groups’ members have self-censored.

The plaintiffs filed a declaration from a member of one of the groups saying that the organization’s members and prospective members were “scared,” “disheartened,” and “disappointed” following the October memo.

“But evidence of subjective fear or anxiety, on its own, does not give rise to a cognizable constitutional injury,” Walker wrote.

An attorney representing the University of Florida student group said Walker’s ruling signaled to higher-education officials that they should not interfere with the organizations.

“Florida officials are now on notice that if they attempt to enforce the deactivation order, we will be back in court to uphold our client’s First Amendment rights,” Brian Hauss, senior staff attorney with the American Civil Liberty Union’s Speech, Privacy, and Technology Project, said in a prepared statement. “The chancellor should formally acknowledge that the deactivation order will not be enforced by removing it from his official website.”

In dismissing DeSantis from the lawsuits, Walker found that the plaintiffs failed to show that an injunction against the governor would have any effect.

“Plaintiff’s factual allegations fail to demonstrate that an injunction against the governor would redress plaintiff’s asserted injuries when the governor has no authority to ‘enforce’ the chancellor’s memorandum, discipline student organizations, or retract the chancellor’s memorandum,” the judge wrote.

At the same time, Walker chided DeSantis for making repeated comments linking the student groups to terrorism.

“This court does not fault plaintiff’s members for feeling anxious about the fact that the governor — arguably the most powerful man in Florida — has repeatedly disparaged plaintiff’s members as ‘terrorists’ who support ‘jihad’ and repeated the falsehood that their organization has been ‘deactivated.’ But this court rejects (plaintiff) counsel’s suggestion that it should infer that because students are fearful, that means that they are going to self-censor or continue to speak under the threat of future punishment,” Walker’s wrote.

In a news release Wednesday, the Students for Justice in Palestine at the University of Florida group said its members “have had to look over our shoulders, knowing we are under threat of being shut down at any minute” in response to Rodrigues’ memo.

“We refuse to let those in power intimidate us into staying silent, and hope that our lawsuit to protect our First Amendment rights will give heart to other students speaking out for Palestinian rights and calling for an end to the current violence in Gaza,” the group said.

A beheading video was on YouTube for hours, raising questions about why it wasn’t taken down sooner

Wed, 01/31/2024 - 16:38

By HALELUYA HADERO and ALI SWENSON (Associated Press)

NEW YORK (AP) — A graphic video from a Pennsylvania man accused of beheading his father that circulated for hours on YouTube has put a spotlight yet again on gaps in social media companies’ ability to prevent horrific postings from spreading across the web.

Police said Wednesday that they charged Justin Mohn, 32, with first-degree murder and abusing a corpse after he beheaded his father, Michael, in their Bucks County home and publicized it in a 14-minute YouTube video that anyone, anywhere could see.

News of the incident — which drew comparisons to the beheading videos posted online by the Islamic State militants at the height of their prominence nearly a decade ago — came as the CEOs of Meta, TikTok and other social media companies were testifying in front of federal lawmakers frustrated by what they see as a lack of progress on child safety online. YouTube, which is owned by Google, did not attend the hearing despite its status as one of the most popular platforms among teens.

The disturbing video from Pennsylvania follows other horrific clips that have been broadcast on social media in recent years, including domestic mass shootings livestreamed from Louisville, Kentucky; Memphis, Tennessee; and Buffalo, New York — as well as carnages filmed abroad in Christchurch, New Zealand, and the German city of Halle.

Middletown Township Police Capt. Pete Feeney said the video in Pennsylvania was posted at about 10 p.m. Tuesday and online for about five hours, a time lag that raises questions about whether social media platforms are delivering on moderation practices that might be needed more than ever amid wars in Gaza and Ukraine, and an extremely contentious presidential election in the U.S.

“It’s another example of the blatant failure of these companies to protect us,” said Alix Fraser, director of the Council for Responsible Social Media at the nonprofit advocacy organization Issue One. “We can’t trust them to grade their own homework.”

A spokesperson for YouTube said the company removed the video, deleted Mohn’s channel and was tracking and removing any re-uploads that might pop up. The video-sharing site says it uses a combination of artificial intelligence and human moderators to monitor its platform, but did not respond to questions about how the video was caught or why it wasn’t done sooner.

Major social media companies moderate content with the help of powerful automated systems, which can often catch prohibited content before a human can. But that technology can sometimes fall short when a video is violent and graphic in a way that is new or unusual, as it was in this case, said Brian Fishman, co-founder of the trust and safety technology startup Cinder.

That’s when human moderators are “really, really critical,” he said. “AI is improving, but it’s not there yet.”

Roughly 40 minutes after midnight Eastern time on Wednesday, the Global Internet Forum to Counter Terrorism, a group set up by tech companies to prevent these types of videos from spreading online, said it alerted its members about the video. GIFCT allows the platform with the original footage to submit a “hash” — a digital fingerprint corresponding to a video — and notifies nearly two dozen other member companies so they can restrict it from their platforms.

But by Wednesday morning, the video had already spread to X, where a graphic clip of Mohn holding his father’s head remained on the platform for at least seven hours and received 20,000 views. The company, formerly known as Twitter, did not respond to a request for comment.

Experts in radicalization say that social media and the internet have lowered the barrier to entry for people to explore extremist groups and ideologies, allowing any person who may be predisposed to violence to find a community that reinforces those ideas.

In the video posted after the killing, Mohn described his father as a 20-year federal employee, espoused a variety of conspiracy theories and ranted against the government.

Most social platforms have policies to remove violent and extremist content. But they can’t catch everything, and the emergence of many newer, less closely moderated sites has allowed more hateful ideas to fester unchecked, said Michael Jensen, senior researcher at the University of Maryland-based Consortium for the Study of Terrorism and Responses to Terrorism, or START.

Despite the obstacles, social media companies need to be more vigilant about regulating violent content, said Jacob Ware, a research fellow at the Council on Foreign Relations.

“The reality is that social media has become a front line in extremism and terrorism,” Ware said. “That’s going to require more serious and committed efforts to push back.”

Nora Benavidez, senior counsel at the media advocacy group Free Press, said among the tech reforms she would like to see are more transparency about what kinds of employees are being impacted by layoffs, and more investment in trust and safety workers.

Google, which owns YouTube, this month laid off hundreds of employees working on its hardware, voice assistance and engineering teams. Last year, the company said it cut 12,000 workers “across Alphabet, product areas, functions, levels and regions,” without offering additional detail.

___

AP journalists Beatrice Dupuy and Mike Balsamo in New York, and Mike Catalini in Levittown, Pennsylvania, contributed to this report.

___

The Associated Press receives support from several private foundations to enhance its explanatory coverage of elections and democracy. See more about AP’s democracy initiative here. The AP is solely responsible for all content.

Parents arrested in case of social media model charged with killing boyfriend

Wed, 01/31/2024 - 16:26

MIAMI — The parents of a social media model charged with fatally stabbing her live-in boyfriend in South Florida have been arrested in Texas on charges related to the case, jail records show.

Deborah Lyn Clenney, 57, and Kim Dewayne Clenney, 60, were taken into custody Tuesday in Austin, Texas, on an out-of-state warrant, according to the records. A Miami-Dade circuit judge had signed arrest warrants for the couple last week, charging them each with a felony count of unauthorized access to a computer.

Their daughter, 27-year-old Courtney Clenney, faces the same new charge. Jail records show she’s been held without bond on a second-degree murder charge since August 2022.

Clenney, who had used the name Courtney Tailor on such platforms as Instagram and OnlyFans, fatally stabbed Christian Obumseli at the couple’s Miami apartment in April 2022 as the culmination of a “tempestuous and combative relationship” that began in November 2020, prosecutors said previously.

Clenney has acknowledged killing Obumseli but said she was acting in self-defense. Her attorney, Frank Prieto, previously said that Obumseli was regularly abusive.

Clenney previously told investigators that Obumseli had pushed her and thrown her to the floor, which prompted her to grab a knife and throw it at Obumseli from about 10 feet (3 meters) away. The medical examiner who performed the autopsy on Obumseli said his wound could not have been caused by a knife thrown from that distance.

Clenney was arrested in Hawaii several days after the stabbing, but investigators believe she gave Obumseli’s computer to her parents some time between the killing and her arrest. According to the arrest warrants, detectives recovered text messages where the parents discuss trying to gain access to the computer.

Jail records didn’t list attorneys for Clenney’s parents, and her attorney didn’t respond to new messages seeking comment from The Associated Press.

Two arrested in connection with shootout that injured 3 in Pompano Beach

Wed, 01/31/2024 - 16:23

Two men have been arrested in connection with a shootout in Pompano Beach in December that injured three men, including one of the suspects.

Fred Vilbrun, 21, of Pompano Beach, was arrested on Jan. 19. He faces one count of attempted murder, one count of aggravated assault with a deadly weapon, one count of possession of a firearm during the commission of a felony and two counts of probation violation from past drug-related cases, the Broward Sheriff’s Office said in a news release Wednesday.

Jamiel Willis, 18, of Deerfield Beach, was arrested Monday and faces one count of aggravated assault with a deadly weapon and one count of possession of a firearm during the commission of a felony.

Willis and Vilbrun were among a group of five people who approached one of the victims outside of the Community Food Store in the area of 1750 Dr. Martin Luther King Jr. Blvd. about 4:30 p.m. Dec. 6, according to a probable cause affidavit for Willis’s arrest.

Known for decades as the “Ugly Corner,” police established a “special problems tactical unit” at an outreach center in an attempt to reduce the area’s crime-ridden notoriety. Rapper Kodak Black, a Pompano Beach native, has referenced the 1800 block and “Ugly Corner” in several of his songs.

Willis is a known member of the “1800 BLK Boyz” gang, according to the affidavit, who goes by the street name “X-man.” Additional details about Vilburn’s alleged involvement were not included in the warrant for his arrest available in online court records.

Fred Vilbrun, 21, of Pompano Beach, shown at left; and Jamiel Willis, 18, of Deerfield Beach, shown at right; were arrested in January in connection with a shooting in Pompano Beach on Dec. 6, 2023. (Courtesy/Broward Sheriff’s Office)

One of the victims’ girlfriend was buying food at a business in the plaza while he was talking to a friend. Willis, Vilbrun and others allegedly approached him and offered to sell him marijuana and a verbal argument ensued, according to the affidavit.

As the man walked away from the group of men, several of the group lifted their shirts to reveal guns in their waistbands, the affidavit said. One said, “I’m finna do it.”

The man, whose name is redacted in the affidavit, then took out his own gun and shot at the other men, the affidavit said. The group of men fired back. The shootout was recorded by surveillance cameras.

The man was shot in the calf. His girlfriend drove him to Holy Cross Health in Fort Lauderdale.

Two unidentified men drove Willis to Broward Health North. He had a gunshot wound underneath his arm and on the left side of his chest, a bruised lung and a broken sternum, according to the affidavit.

Pompano Beach Fire Rescue took a bystander who was hit by a stray bullet while he was shopping at the food store to Broward Health North with a gunshot wound to the hip, the affidavit said.

Detectives found at the scene 20 spent bullets, according to the affidavit.

A detective met with Willis at the hospital, and he refused to give information about what happened, according to the affidavit. The clothes he had with him at the hospital matched what one of the suspects was wearing in the surveillance camera.

A Pompano Beach Crime Suppression Team detective identified Vilbrun as another one of the suspects in the video, the affidavit said.

The Sheriff’s Office said its investigation is still ongoing. It did not say whether the three others allegedly involved in the shooting will face charges or release their identities in the news release.

FSU has turned former ACC commissioner John Swofford’s son into Hunter Biden | Commentary

Wed, 01/31/2024 - 16:14

Running off at the typewriter …

Florida State University has taken off the gloves in its down-in-the-dirt legal battle to get out of the ACC. Not only are the Seminoles going after the ACC; they are dredging up nepotism charges from more than a decade ago regarding former longtime  ACC commissioner John Swofford.

Mover over, Joe Biden and Hunter Biden. The Seminoles in an amended legal filing earlier this week alleged that Swofford cost member schools millions of dollars by acting in the best interest of his son and his son’s company —  television partner Raycom Sports.

According to the complaint, Chad Swofford — John’s son — was director of business development at Raycom Sports in 2008 when the Southeastern Conference sold all of its media rights to ESPN and cut Raycom out of its TV deal. This apparently put Raycom on shaky financial footing.

Two years later, when the ACC’s TV deal came up for bid in 2010, FSU alleges that John Swofford “cajoled” ESPN into including Raycom in the ACC’s TV package. As a result, according to FSU’s complaint, Chad Swofford got a big promotion at Raycom.

This is FSU’s side of the story and I don’t how factual it actually is, but I do know this: Nepotism and cronyism have always run rampant in the good-ol’-boy world of college sports. Just ask Seminole fans about legendary coach Bobby Bowden promoting his son Jeff to offensive coordinator — an ill-advised move that was the beginning of the end of Bobby’s tenure at FSU. When Bobby was finally forced by the school’s administration to fire Jeff, at Bobby’s behest FSU gifted Jeff a $500,000 exit bonus even though his contract had expired.

Merry Christmas!

But I digress.

The charges of nepotism against Swofford and his son are certainly juicy, but there are still these obvious legal questions: Why wasn’t FSU complaining about this 14 years ago when everybody knew Swofford’s son worked at Raycom back in 2010? And why has FSU signed off on two separate ACC grant of (media) rights contracts since then?

Don’t get me wrong, I’m rooting for the Seminoles to get out of the ACC and I certainly understand why they desperately want out of the league, which in hindsight  signed a bad TV deal in 2016. At the time, though, FSU and every other school in the conference were all smiles, thinking they were getting ready to launch the ACC Network while signing a a lucrative long-term TV deal with ESPN through 2036.

Anybody who has ever dabbled in the stock market knows the buyer’s remorse FSU is now going through. Remember that tech stock you bought in the early 2000s? You thought you were going to be a millionaire, but  (sigh)  the stock ended up being a dog with fleas.

It sounds like that’s what FSU and all the other ACC schools did in 2016.

They bought stock in the ACC, the market shifted and now they’re losing their shorts.

I just don’t know if you can blame that on John Swofford’s son. …

Short stuff: Did you see where BYU made students take off T-shirts that spelled out “Horns Down” when Texas played the Cougars last weekend because — boo-hoo-hoo — it was offensive to the Snowflakes, er, Longhorns. Coming soon: Bevo is replaced as the Texas mascot by an emotional-support French Poodle. … Speaking of mascots, Gainesville Sun columnist David Whitley on the passing of former Georgia canine character Uga X: “The retired Georgia mascot entered the eternal transfer portal last week at age 10. The way NIL and the portal are going, I half-expect Albert the Alligator to put on a red sweater and transfer to Georgia.” … It’s kind of funny to hear Doc Rivers preaching patience after taking over as head coach of the Milwaukee Bucks earlier this week. Um, Doc, you took over a team that fired Adrian Griffin after he went 30-13 just 43 games into his first season as a head coach. If you want patience, then try fishing; not coaching one of the NBA’s best teams. …

It’s maddening to hear the talking heads and the clanging cymbals on social media  who say things like, “I don’t care what the analytics say, Detroit Lions coach Dan Campbell is a moron for forgoing two field goal attempts to go for it on fourth down.” Translation: “I don’t care about the facts; my opinion is all that matters.” Sadly, I guess it’s just typical of today’s blathering, bloviating world, where people care more about their own misguided viewpoints than what science says. The Lions were 15 of 20 (75%) at converting 4th-and-3 or fewer in the regular season whereas their shaky kicker Michael Badgley is 9 of 20 (45%) in his career from 48 yards or longer. In other words, Campbell’s not an idiot; his critics are! … Tennessee gets nabbed for allegedly committing NIL violations earlier this week and the state’s grandstanding attorney general immediately files a lawsuit against the NCAA. Is there anything more pathetic than pandering, jock-sniffing politicians? I think not. …

Fellow Orlandoans, if you’re looking for a team to root for in the Super Bowl, did you know San Francisco 49ers quarterback Brock Purdy’s father, Shawn, was once a baseball player at St. Cloud High School, Valencia Community College and the University of Miami? … With the Olympic Marathon Trials on the streets of downtown Orlando Saturday, did you hear about the marathon runner who ended up in jail? He was resisting a rest. … The television audiences for the NFL playoffs and last Sunday’s conference championship games are the highest on record going back to 1988. Don’t act like Taylor Swift hasn’t had something to do with it. … Because NFL teams won’t hire 72-year-old Bill Belichick because he’s too old, then maybe he should run for president. Compared to Donald Trump and Biden, Belichick is Justin Bieber. … Why does perennial knucklehead Kadarius Toney still have a job in the NFL? …

Last word: With Feb. 1 being National Freedom Day, let us always remember the words of the great Eleanor Roosevelt: “True patriotism springs from a belief in the dignity of the individual, freedom and equality not only for Americans but for all people on earth.”

Email me at mbianchi@orlandosentinel.com. Hit me up on X (formerly Twitter) @BianchiWrites and listen to my Open Mike radio show every weekday from 6 to 9:30 a.m. on FM 96.9, AM 740 and 969TheGame.com/listen

UCF coach Gus Malzahn needs to make up his mind about calling plays | Commentary

Tue, 01/30/2024 - 18:00

Head coach Gus Malzahn created quite a flood of discussion and debate a few days ago when he revealed that he will go back to being the chief offensive play-caller next season for UCF.

Personally, I don’t understand why there is so much debate about this. Malzahn, after all, has been one of the great offensive minds in college football over the last two decades.

However, I do have one question:

Why does he keep giving up the play-calling duties and then changing his mind?

I hearken back to something another renowned college football play-calling head coach, Steve Spurrier, once told me when I asked him why he was unlike so many other offensive-minded head coaches who cede the job of calling plays to an offensive coordinator?

“Why would I do that?” Spurrier replied. “Drawing up ball plays and calling them during the game is the fun part of the job. Besides, play-calling is the reason I got a chance to be a head coach in the first place.”

UCF coach Gus Malzahn gets animated with referees during a home game vs. Houston at FBC Mortgage Stadium last season. (Willie J. Allen Jr./Orlando Sentinel)

It’s the same for Malzahn. He was a high school coaching legend in Arkansas who would go on to become one of college football’s great offensive coordinators. Malzahn was one of the inventors of the hurry-up, no-huddle offense that has become all the rage today. Malzahn literally wrote the book on the up-tempo spread offense two decades ago.

However, Malzahn gave up the play-calling duties multiple times during his final years as the head coach at Auburn, and, quite frankly, it didn’t go well at all. When he took the job at UCF, he acknowledged that calling plays is what he is good at and what he loves, and he vowed he’d never, ever relinquish play-calling duties again.

Well, that lasted until a year ago when Malzahn decided to stop calling plays, in part, because he said he needed to focus on recruiting, the transfer portal, raising money for NIL and managing UCF’s roster.

Malzahn hired former UCF quarterback Darin Hinshaw as the offensive coordinator and play-caller before last season, but couldn’t even go the entire year without once again taking over as the main play-caller.

“About halfway through last year,” Malzahn admitted, “I felt I needed to be much more involved.”

Of course, he did, because that’s what Gus Malzahn does. He’s a play-caller and he’ll always be a play-caller.

I just wish he would make up his mind and quit waffling about it. If you’re going to call the plays then, by all means, call the plays. If you’re not then let somebody else do it.

It does seem a bit baffling that Malzahn is making this decision after a season in which UCF’s offense, under Hinshaw, was ranked eighth in the country (and second in the Big 12) in total offense. That’s the highest offensive ranking the team has had in Malzahn’s three seasons.

It’s also confusing to many fans that Malzahn now has three coaches on his staff who have “offensive coordinator” listed in their job title, and, yet, Malzahn is the one calling the plays. There’s newly hired offensive coordinator Tim Harris Jr., who left the University of Miami and is now listed as the offensive coordinator and running backs coach. Meanwhile, Hinshaw (quarterbacks) and Herb Hand (offensive line) are listed as “co-offensive coordinator.”

Actually, this isn’t unusual in the wacky world of putting together a staff in college football. If a head coach wants to attract or retain good assistant coaches then he has to give the assistant some sort of official title. For instance, Florida State has a head coach (Mike Norvell), an associate head coach (Odell Haggins) and a deputy head coach (Chris Thomsen).

Harris, a former state championship-winning high school coach at Miami’s Booker T. Washington High School, is considered an excellent running backs coach, teacher of the game and recruiter in South Florida. To entice him to leave UM (his alma mater), Malzahn presumably had to offer Harris a hefty pay raise and the title of offensive coordinator.

If this is what it takes to get the best position coaches and recruiters on his staff then more power to Malzahn. As for Malzahn resuming play-calling duties, I never thought he should have given them up in the first place.

I also give UCF’s head coach tons of credit for taking full responsibility for last year’s 6-7 record — his first losing season as a college head coach — and shaking up his staff to make sure it never happens again.

“The bottom line is my job is to do whatever’s best for our team to win,” Malzahn says. “Going 6-7, that’s where it starts. You have to understand, I’ve been real fortunate, I’ve never had a losing season in my life. When you finally do that, you evaluate yourself as a head coach.

“I know how to win and last year was totally unacceptable,” he added. “This is a championship-type program. To have a losing record is unacceptable. You first evaluate yourself as a head coach, which I did, and then you make the proper adjustments so it won’t happen again. We’ll be better next year. I promise you that.”

The message is clear.

Malzahn is once again fully in charge of driving the Gus Bus.

Call the plays, Gus.

Keep calling the plays.

Don’t ever stop calling the plays.

It’s who you are.

It’s what you do.

Email me at mbianchi@orlandosentinel.com. Hit me up on X (formerly Twitter) @BianchiWrites and listen to my Open Mike radio show every weekday from 6 to 9:30 a.m. on FM 96.9, AM 740 and 969TheGame.com/listen

 

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