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Kids across the state are standing in line for a chance to see Santa Claus and make their Christmas wish list official. But while they ask Santa for gifts, they may be giving him a little unwelcome present, their germs. As Whitney Ray tells us, Santa’s taking extra precautions to keep from catching swine flu.

Seven year-old Malcolm and his friends are letting Santa Claus know what they expect to see under the Christmas tree.

“I want a BB Gun,” said Malcolm. His Friend Caleb is asking for a Wii.

The kids will stay on the nice list, as long none of them gave Santa the Swine Flu. All the hugs and handshakes have Santa a little germ-a-phobic this holiday season. 50 million Americans have already contracted the H1N1 virus.

“It’s very important for parents of children who are sick to keep those sick children at home. To not expose them to other children in line waiting to see Santa,” said Susan Smith, a spokesman for The Florida Department of Health.

Parents taking their kids to give their wish list to Santa Claus may want to give them an early Christmas present; hand sanitizer, and for those who didn’t bring their own, “each child was given hand sanitizer, and that was a good thing. And it was so discrete. It was done so discreetly and that was a good thing,” said Ruby Barr, the boys’ chaperone.

And Santa even keeps an extra bottle on the fence in his winter wonderland. Santa was too busy keeping up with who’s been naughty or nice to talk on camera, but tells us he’s already received both of his flu shots and expects to be healthy for his trip around the globe.

Since May, 180 Floridians have died of swine flu. 10-thousand have died nationwide. Although the virus has slowed, experts say a second wave is expected before flu seasons ends. Florida hasn’t been hit as hard of other states, but the peak of flu season in Florida comes in February, a little later than in colder states.

The prosecution rested this afternoon in the case of a man charged with killing a Tallahassee police informant. Rachel Hoffman was shot to death in May of 2008 while working undercover for Tallahassee police. As Whitney Ray tells us, Hoffman’s death sparked legislation changing the way police recruit and train confidential informants.

Rachel Hoffman made a deal to stay out of trouble, but the deal brought her more trouble than she bargained for.

Facing drug charges Hoffman opted to go undercover to buy cocaine, ecstasy and a gun. It was a fatal decision.

As the details of Hoffman’s death unfold in court, more light is being shed on the secret dealing between police and confidential informants. Governor Charlie Crist signed legislation to provide more safeguards for informants. Representative Peter Nehr was the sponsor.

“The most important thing about Rachel’s law is that it allows everyone to fully understand the consequences of what they will have to do if they become confidential informants,” said Nehr.

The law took affect in July, and requires recruiters to inform potential informants of all their legal options.

The sponsors of Rachel’s Law say more needs to be done, because the legislation was weakened as it went through the committee process.

The Hoffman family attorney, Lance Block, fought to keep Rachel’s law intact, but the legislation lost language that would prevent people in drug programs from going undercover.

“It’s just a fundamental no-no for someone to be in treatment for substance abuse and them be exposed to that environment,” said Block.

Block says in future sessions the family will lobby lawmakers for more changes to the law that bares their daughters name.

Bank of American customers facing foreclosure will ring in the new year with better customer service from their lender.

Attorney General Bill McCollum met with Bank of American representatives yesterday to ask the bank to be more available to customer with faulty loans. Most major banks ask customers to call a 1-800 line to work out their problems. McCollum says there’s normally no one on the other end.

“They’re not getting through. They are not getting answers. Not getting anywhere. Bank of America assured me that they were going to have, by January, people on the ground, boots on the ground in Florida to do this. I don’t know if this is going to be a one time operation in here for a couple of weeks then out or if its going to be a full time operation,” said McCollum.

McCollum is still working out the details of the agreement with Bank of American. He’s also asking Wells Fargo and JP Morgan Chase to position a staff member at every branch to work with customers looking to modify their loans.

Eleven former felons who mistakenly had their civil rights automatically restored had them taken away today.

Governor Charlie Crist and the state cabinet signed an order to revoke the felon’s rights. The mistake was discovered after a September audit of the state parole commission. Governor Charlie Crist says mistakes are going to happen but adds the important thing is it was caught and fixed.

“There’s human error involved in a lot of things that happen and I know these people are trying to do the best that they can and sometimes mistakes occur when they do and we try to rectify them,” said Crist.

While the 11 ex-felons had their rights revoked, several people who went in font of the clemency board got an early Christmas present: their civil rights.

SunRail is expected to bring 8,000 construction and maintenance jobs to Florida by 2011. Workers will be needed to build the 61 mile commuter rail track and train depots. As Whitney Ray tells us, the job opportunities could help put the state’s starving workforce on the right track, but House Democrats worry the jobs may not go to Floridians.

The gravy train is headed to Florida promising jobs and economic recovery. For the state’s 700 million dollar investment, along with matching contributions from the federal and local governments, 8,000 jobs will be created laying track and building train depots.

“These aren’t just average jobs. These are high paid, high skilled jobs,” said Cynthia Lorenzo, the Director of the State Agency for Workforce Innovation.

House Democrats wanted a guarantee those high paying jobs would go to Floridians. They didn’t get it.

“The devil is in the details as they say. I would feel much more comfortable if we could assure Floridians that they could be getting those jobs,” said House Democratic Leader Franklin Sands.

Because some of the money will be coming through a federal grant the construction projects will be open to bids from all comers, but the Department of Transportation is confident Floridians will still receive the bulk of the benefit.

“When you look at the companies, they are going to have to give workers in our communities an opportunity to work on these lines and they want to,” DOT Secretary Stephanie Kopelousos.

But the economic development won’t stop with construction and maintenance jobs. Once the train starts rolling shops and restaurants are expected to pop up along the track, putting Florida investors and business owners in prime position to reap the benefits.

If Florida is awarded the 2.6 billion dollars for a bullet train another 5-thousand construction jobs would be created. Economists say the bullet train and SunRail combined could create as many as 100-thousand direct and indirect jobs over a 30 year period.

140,000 first-time homebuyers bought houses in Florida this year.

Realtors say the surge is a direct response to the 8-thousand dollar federal-tax credit. Today Governor Charlie Crist sat down with real estate agents from across the state to discuss ways to improve the housing market. Crist says SunRail will help the market rebound.

“Transportation avenues are providing greater options for people whether it’s in trade, economic development, or just moving around the state of Florida for whatever reason it might be. The easier it is for people, the easier it is for them to get a home, to rent an apartment, to work in one city and transport to another and commute, all of those things add up,” said Crist.

Toward the end of the meeting realtors asked Crist to support a constitutional amendment to cap property taxes and to oppose an amendment requiring voters to approve any changes to city and county comprehensive growth plans.

Domestic Violence fatalities rose nearly 10 percent in Florida last year.

Economic stress is being blamed for the increasing turmoil among Florida families. Attorney General Bill McCollum formed a team of law enforcement officers and victims’ advocates to discuss ways to curb the violence. The Domestic Violence Fatality Review team held its first meeting at the state capitol today. McCollum says domestic violence is more common than people think.

“Domestic violence can take many forms and it takes many lives in our state. Today this review team has been set up that we have called together from all over the state is here to figure out the best way our state can react with all of us professionals to reduce this number, to bring less of this violence in our communities, and to save lives. And so I am real proud of the team. That’s what it’s all about,” said McCollum.

Once the team has concluded its research it will suggest policy changes to agency heads to help state and local law enforcement agencies better respond to domestic violence cases.

Testimony continues in the trial of a man accused of killing Tallahassee police informant Rachel Hoffman.

Today jurors listened to testimony from Lisa Flannagan, a medical examiner who says Hoffman died from gunshot wounds to the head. Flannagan says Hoffman was shot in the chest and back while she was sitting in the driver’s seat of her car, then she was shot three times in the head.

“I think she did have her hand up over her head at the time that she sustained those three gunshot wounds. Once she sustained the three to her head, she would have been unconscious and not moving, which leads me to believe that those were the last gunshot wounds,” said Flannagan.

No finger prints were found on the murder weapon; prosecutors believe either Deneilo Bradshaw or his brother-in-law Andrea Green shot Hoffman, although they say they won’t name the triggerman.

State lawmakers approved legislation to purchase 61 miles of train tracks in central Florida bringing an early end to the special session of the legislature. The SunRail deal has failed two years running, and appeared to be on the wrong track again, but as Whitney Ray tells us, some last minute wheeling and dealing won key votes.

The vote margin was unexpected, 27 – 10. The Florida Senate approved the CSX SunRail deal and dedicated funds to bailout TriRail.

Public outcries over liability and labor concerns almost derailed the legislation, but back room deals fast tracked the bill to the Senate Floor and won key votes.

“I had three concerns. It was funding, it was liability, and it was the labor issues and all three have been addressed. A lot of the funding is coming from the federal government and if we don’t get it, it’s going to go to other states and other rail lines,” said Senator Dave Aronberg.

Legislative leaders were up against a tight deadline: expand the state’s commuter rail system by January, or miss out on a possible 2.6 billion federal dollars for bullet train.

The vote was an early Christmas present for Governor Charlie Crist and legislative leaders who risked political capital on the hastily called session.

“It’s a merry Christmas for Florida. I could not be more pleased with what happened with the rail project today. Very, very happy for the people of Florida, for the job opportunities it presents, really thrust Florida in to the future in a great way,” said Crist.

The passage of the legislation ended a three year rally by outspoken Senator Paula Dockery to kill the legislation. After the vote Dockery quietly left the Senate chamber, without speaking to reporters.

The latest jobless figures show a slight drop in the nation’s unemployment rate. The rate fell from 10.2 in October to 10 percent for November, but as Whitney Ray tells us, the unemployment rate for veterans continues to soar above the national average.

First Lieutenant Adrian Smith returned from Iraq in September, eager to get a job. It became his main mission.

“Job search is like a full time job within itself, I’ve seen where someone sends tons of resumes, like 20, 30, and you get one call back,” said Smith.

Veterans of the wars in Iraq and Afghanistan have an unemployment rate of 11.6 percent, well above the national average. Smith says a lack of job training and experience filling out applications and resumes haunts vets on their hunt.

“Some people don’t know that serving is experience within itself and they don’t know how to word that on a resume.”

There is help out there for those who fought bravely to defend our country. The only problem: many veterans don’t know where to turn or how to get started.

There are 91 One-Stop Career Centers in Florida, each with a staff member trained in matching veterans with state and federal assistance programs. There are also concessions for unemployed veterans seeking taxpayer funded jobs.

“Under Florida’s law public employers are required to give certain preferences to veterans in the job hiring process,” said Robby Cunningham, a spokesman with the Agency for Workforce Innovation.

Private businesses also have an incentive to hire a veteran, a tax credit of 24-hundred dollars. Employers can use the search engine on the Employ Florida Marketplace website to view resumes from unemployed veterans. The website is www.employflorida.com

State House members have given tentative approval (not until about 5pm) of a plan to create a commuter rail system in Florida. The proposal fails to address serious concerns being raised by opponents, but as Mike Vasilinda tells us, lawmakers are moving ahead with hopes of attracting federal money to build a high speed rail system.

Commuter rail supporters continue to argue a new 61-mile line across Central Florida and a 15 million dollar a year bailout of Tri Rail in South East Florida are just the first steps toward true high speed rail.

Day two of the special session was dedicated to an explanation of the 49 page bill.

“Because we are showing a commitment to rail, we have the opportunity to get the attention of Washington, which stands ready to allocate 8 billion dollars nationwide to high-speed rail projects,” Rep. Gary Aubuchon (R-Cape Coral) said.

Orlando Mayor Buddy Dyer, whose community is likely to benefit the most from the Sun Rail project watched from the House gallery.

“We’ve modeled all our growth patterns around transit-oriented development,” Dyer said. “It is critical for us if we’re going to maintain the quality of life in Central Florida, and start to establish a statewide rails system.

While the House debate churned on, state Senators were home, and they will stay there until Tuesday.

But with the vote count up in the air in the Senate, you can bet the phone lines will be burning up between now and next week, trying to change a few votes.

Part of the uncertainly deals with the future job prospects of more than a hundred railroad workers whose jobs are protected under Federal law. The AFL-CIO says an impasse remains.

“Anything significant in the last 24-hours has not occurred,” AFL-CIO president Mike Williams said.

And without union support, the rail project looks more fragile than ever in the 40-member Senate.

The house is scheduled for a final vote on Monday, the Senate Wednesday.  Any differences between the two chambers will have to be worked out by noon Friday.

Florida lawmakers are back in Tallahassee tonight for a nine-day special session to create a commuter rail system in Florida.  A plan to take over 61 miles of track in Central Florida has failed two years running, but as Mike Vasilinda tells us, the governor and legislative leadership are hoping the third time is the charm.

Florida faces either a future of highway gridlock….or commuting by high-speed rail. So say backers of the proposed commuter rail system

Lawmakers began a nine-day special session that is full of uncertainty, and with dozens of lawmakers absent. The Senate President has pushed the session and is a champion of the rail projects.

“The people of Florida are demanding action and are desperate for relief,” Senate President Jeff Atwater said. “I will ask you, to look at this anew, with an open mind.”

The 61-mile Sun Rail project linking four central Florida counties has been killed twice. The leading opponent is still on the war path.

“No, the deal has not changed,” Rep. Paula Dockery (R-Lakeland) said. “We’re still paying 10.5 million dollars a mile, when we should be paying under a million a mile.

And there are union issues. Hundreds of jobs protected under federal law could be lost, which causes the powerful AFL-CIO concern.

“This legislature came to determine if the jobs that are created are to be meaningful jobs that helps economic recovery,” AFL-CIO President Mike Williams said.

Cost is another factor. Tri-Rail in southeast Florida would require 15 million a year in subsidy.

“There are so many details to be worked out, we won’t know until next week, whether this train stays on track or whether this whole deal gets sidetracked.

The House is expected to pass the 49-page bill easily, but the Senate remains a question mark.

The first votes could occur early next week.

Falling property values will cost schools 300 million dollars next year unless state lawmakers change the tax code or find an alternative source of revenue. The drop is because taxable property values have fallen almost 10 percent in Florida this year. As Whitney Ray tells us, the decline coupled with other revenue shortfalls will leave schools 800 million fewer dollars.

A plummeting housing market fueled by foreclosures is costing the state millions of dollars for education. The statewide taxable property value is down 9.5 percent. The falling property values will leave lawmakers looking for new funding resources for schools.

The value drop brings the new education shortfall total for next year to 800 million dollars. State Senator Al Lawson says the legislature has its work cut out for it.

“It going to take some innovated strategies and some places that we can look to bring in some dollars to bring education on par,” said Lawson.

Those new strategies aren’t likely to include new taxes.

“The last thing that I believe that this legislature will do however is to increase property taxes, increase the burden on our fragile taxpayers,” said Rep. Anitere Flores.

Lawmakers are in special session poised to spend 700 million dollars on commuter rail, while the education funding gap is 800 million dollars, angering parents and educators.

“We can’t afford to have our kids to be in class sizes that make sense but yet we can have this conversation in this special session on rail. Something we are not opposed to, but what’s your priority,” asked Jeff Wright with the Florida Education Association.

Lawmakers say they’ll have 60 days to deal with the education crisis during regular session in March, but point out the clock is ticking to reach a rail deal.

Money for SunRail comes from the transportation budget funded by gas taxes, while schools are funded through general revenue. Which means lawmakers couldn’t simply pay for education with rail dollars.

A Florida property rights dispute was the subject of a case before the US Supreme Court today. The case could have ramifications to every beachgoer in Florida. As Mike Vasilinda tells us, the issue is who owns the beach when it has been re-nourished.

Signs like these, which have popped up in the panhandle, could soon sprout all over Florida, depending on the outcome of a court battle over who owns beachfront after it has been re-nourished.

“There is a group of beachfront property owners who have declared they own the beach; that the public doesn’t have a right to use it,” retiree and activist Jack Abbit said.

In Florida, the law says the public owns the land on the waterside of the mean high water mark. Traditionally dry sand belongs to the property owner.

Last year, Florida’s Supreme Court ruled against five homeowners who claimed ownership of everything between their homes and the water. The court wrote that the constitution says the state has a duty to protect its natural resources and was justified in making the beach wider.

The argument made it all the way to the US Supreme Court on Wednesday.

The Attorney who argued the case says Florida courts got it wrong, the homeowners are entitled to their beach, and the re-nourishment was unnecessary.

“It’s a new 80-foot stretch of dry sand beach that the state created, that it’s entitled too on that dry sand beach,” Ken Safreit, attorney for the homeowners, said. “Commercial vendors can now come set up, that’s what our clients objected to.”

If the property owners win, they will ask to be paid for their land, or for title to the enlarged beach. Such a decision could affect beach ownership and public access around the state.

During this morning’s hearings, a majority of the justices asked questions about Florida law and appeared to be siding with the homeowners.

A special legislative session on commuter rail is scheduled to begin tomorrow morning despite objections from black state lawmakers. Republican legislative leaders scheduled the session to begin on the same day as the National Black Caucus of State Legislators comes to Fort Lauderdale. As Whitney Ray tells us, there are 25 black state lawmakers and only one is a Republican.

When the gavel drops signaling the start of the special session, the minority party will have a bigger disadvantage than usual. Twenty-five state lawmakers will have to decide whether to begin work on commuter rail or attend a The National Black Caucus of State Legislators which Florida is hosting for the first time. Former House Member Curtis Richardson says lawmakers shouldn’t have to choose.

“The speaker should accommodate those members and allow them to be here and I understand a resolution was put forward where he could have done that,” said Richardson.

Only one of the black state legislators is a Republican leaving the possibility of 24 empty Democratic seats the first half of the eight day session. The state Democratic Party says the GOP leadership is being insensitive.

“We have a Republican leadership in a Republican legislature that just wants to play political games, play partisan politics and it’s disappointing,” said Eric Jotkoff, Spokesman for the Florida Democrats.

House Members, Senators and even the CFO unsuccessfully pushed to delay the session. In a bit of a concession, legislative leaders excused black lawmakers from the first few days of the special session, but that means those members will have less time to make decisions on some complex issues.”

House Speaker Larry Cretul isn’t worried about those members having to pay catch up.

“Briefings have been set up for, could be set up for, Sunday evening if we get enough interest,” said Cretul.

While black members struggle with the schedule, Jewish members are being given assurances the special session will end before next Friday evening the beginning of Hanukkah festivities.

Cretul says there are no alternative dates to hold the special session, because if the legislature doesn’t voted to expand commuter rail by the end of the year, the state could miss a shot at 2.5 billion federal dollars for the project.