Tem­per­a­tures in Cen­tral Florida are ex­pected to drop lower than the ball in New York’s Times Square dur­ing the 2020 New Year’s cel­e­bra­tion.

Orlando Sentinel - - FRONT PAGE - By Joe Mario Ped­er­sen

dis­cre­tion to pro­mote the public good,” at­tor­neys for Fried, the only statewide elected Demo­crat, wrote. “With­out im­mu­nity from li­a­bil­ity, of­fi­cials would be tempted to vote for what is safest for them per­son­ally, rather than what is best for their com­mu­nity.”

Florida since 1987 has barred cities and coun­ties from pass­ing reg­u­la­tions that are stricter than state firearms laws, a con­cept known as “pre­emp­tion” of lo­cal gun laws. The 2011 law was de­signed to strengthen the pre­emp­tion by adding penal­ties, such as the pos­si­bil­ity of lo­cal of­fi­cials fac­ing $5,000 fines and po­ten­tial re­moval from of­fice for pass­ing gun reg­u­la­tions.

Dozens of cities, coun­ties and lo­cal elected of­fi­cials chal­lenged the 2011 law last year after the mass shoot­ing at Mar­jory Stone­man Dou­glas High School in Park­land.

They ar­gued that the po­ten­tial penal­ties had made lo­cal of­fi­cials afraid to move for­ward with gun-re­lated mea­sures that might not be pre­empted by the 1987 law.

Leon County Cir­cuit Judge Charles Dod­son in July found parts of the 2011 law un­con­sti­tu­tional, cit­ing is­sues re­lated to “leg­isla­tive im­mu­nity,” which pro­tects lo­cal gov­ern­ment of­fi­cials in their de­ci­sion-mak­ing pro­cesses.

He also pointed to the con­sti­tu­tional sep­a­ra­tion of pow­ers, as judges could be asked to rule on pe­nal­iz­ing lo­cal of­fi­cials.

Lawyers for Moody and DeSan­tis took the case to the Tal­la­has­see-based 1st District Court of Ap­peal and ar­gued that Dod­son’s rul­ing should be over­turned.

“The trial court’s de­ci­sion is premised on un­sup­ported the­o­ries of im­mu­nity in­con­sis­tent with the con­sti­tu­tional supremacy of the state’s author­ity over its coun­ties and mu­nic­i­pal­i­ties,” the lawyers for Moody and DeSan­tis ar­gued in a brief last month.

The chal­lenge to the law ini­tially named Fried’s pre­de­ces­sor, for­mer Agri­cul­ture Com­mis­sioner Adam Put­nam, as a de­fen­dant, along with other state of­fi­cials. That was be­cause the Depart­ment of Agri­cul­ture and Con­sumer Ser­vices helps carry out gun laws through its role in is­su­ing con­cealed­weapons li­censes.

After Fried was elected in Novem­ber 2018 and took of­fice in Jan­uary, she re­mained a de­fen­dant in the case and ar­gued that “the Depart­ment of Agri­cul­ture (and the com­mis­sioner specif­i­cally) is an im­proper de­fen­dant and should there­fore be dis­missed” from the chal­lenge, ac­cord­ing to a doc­u­ment filed in cir­cuit court by the state.

But Fried did not join the other state of­fi­cials in ap­peal­ing Dod­son’s rul­ing. Her brief Tues­day ar­gued that the 2011 law vi­o­lates con­sti­tu­tional sep­a­ra­tion of pow­ers be­cause it could lead to judges try­ing to weigh the think­ing of lo­cal elected of­fi­cials who pass gun-re­lated mea­sures.

“Just as the ju­di­ciary may not in­trude into the leg­isla­tive process by com­pelling an ‘in­quiry’ into the leg­isla­tive process at the state level, the ju­di­ciary sim­i­larly lacks the power to do so at the lo­cal level,” the brief said. “If the penalty pro­vi­sions … were up­held, courts across the state would be re­quired to in­trude into the leg­isla­tive process in di­rect con­tra­ven­tion of the state Con­sti­tu­tion, as the statutes re­quire the courts to in­quire as to the in­di­vid­ual leg­is­la­tor’s in­tent, to de­ter­mine if there is a ‘know­ing and will­ful violation’ of the [pre­emp­tion] statute.”

Cen­tral Florida tem­per­a­tures are ex­pected to drop lower than the ball in New York’s Times Square dur­ing the 2020 New Year’s cel­e­bra­tion.

It may be mild now, but a cold front is com­ing that will bring tem­per­a­tures in the 40s by New Year’s Day.

Me­te­o­rol­o­gists ex­pect the cold front to fol­low Mon­day af­ter­noon show­ers bring­ing the low Mon­day night to 57 de­grees. Cen­tral Florida res­i­dents may want to sport a jacket Tues­day when tem­per­a­tures are ex­pected to dip even fur­ther.

Tues­day’s high is ex­pected to be about 68 de­grees in Or­lando, but tem­per­a­tures are pre­dicted to drop to 49 by the time evening fes­tiv­i­ties be­gin with the night mostly clear.

The cold front is be­lieved to be stick­ing around most of the week with tem­per­a­tures in the 50s dur­ing the evenings and in the up­per 70s and lower 80s dur­ing the day.

By New Year’s Day, tem­per­a­tures are ex­pected to be in the up­per 40s across Cen­tral Florida and a high of 68 with clear skies. Tem­per­a­tures will be­gin to climb back to a high of 82 by Fri­day.

Fried

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