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Six Florida school districts challenging the Department of Health’s rule on masks in schools appeared before an administrative law judge Thursday morning.

At issue is whether parents alone can opt their kids out of wearing a mask.

Also of concern is what’s required if a student has been exposed to COVID but showing no symptoms.

The six school districts argue they know what’s best for the students in their communities and the state isn’t letting them do what they were elected to do.

Rocky Hanna is the Superintendent in Leon County.

“If we have a student that is exposed, a potential exposure, for them to wear a mask. They can stay in school, but wear a mask in what otherwise would have been the quarantine period. But even for them, that’s not allowed for and we’re out of compliance,” said Hanna.

The mask divide was evident in the hearing room.

Virtually everyone on the school boards’ side was masked.

Not so on the state’s side.

The schools argue the state exceeded its authority because the Dept of Health doesn’t regulate schools.

“What this rule really does is prevent school districts from requiring masks with the opt out at the parent’s sole discretion. And the question is, does that control COVID?” Said Jamie Cole, and attorney representing the school boards.

But the DOH, with a giant copy of the rule on display, said the mask rule is specifically in their authority to keep people safe.

“You can have a masking policy, but we’re gonna place a limit on that. The limit is you have to allow a parental opt out,” said the state’s attorney Jason Gonzales.

Leon County School Board member Roseanne Woods’ salary depends on the outcome.

“We enacted these rules to protect children, and I feel that’s my constitutional duty,” said Woods.

With COVID cases declining, the schools argued the hearing is as much about a future pandemic as the one we’re currently experiencing.

“The wearing of this mask may protect me, but more importantly it protects all of you. And that’s where to me the rights of one child interfere with the rights of all the other children,” said Hanna.

The hearing concludes Friday.

No word yet on whether the decision will be immediate.

Either side is likely to appeal.

The case would then go to the First District Court of Appeal, which often sides with the state on school issues.

State lawmakers were told that Florida collects little data on guardianships during a Wednesday committee meeting.

A task force is recommending changes, but there are still large holes in the system.

Doug Franks spent years trying to free his mother from a guardianship.

He succeeded just weeks before she died.

Franks had tough words this summer when he spoke to the state’s guardianship task force.

“Our legal system is broken. And it rewards people who want to extract money from the elderly. There is no oversight. There is still none,” said Franks.

The House Civil Justice and Property Rights Sub Committee heard from experts Wednesday.

One concern is that Florida does not allow courts in other states to talk with Florida courts.

Elder Law Attorney Victoria Heuler spoke about a hypothetical brother.

“He then starts a guardianship up in Georgia. Because he hates my guts and he wants all moms money. Now she’s in Georgia. How do I go in Georgia and get her?” Said Heuler.

Also clear from the meeting is that there is no data on who, what or why people are in guardianship.

There’s also no data on guardians who are taking care of what the law calls a ‘ward’.

“The state doesn’t track guardianships. There’s no database that tells us how many cases of guardianship there are. There’s no data that shows us whether there are guardians who are bad actors,” said Representative Carlos Guillermo Smith.

Recommendations from a a statewide guardianship task force include include creating databases, asking judges to consider less restrictive measures before a guardianship and more training for everyone involved.

Doug Franks thinks not all the right people were on the task force.

“Law enforcement. That was huge. They needed to be a part of this because it is a criminal enterprise,” said Franks.

And while Franks was able to free his mother, the committee heard that once someone is under a guardianship, few are freed, except by death.

The state plans to replant millions of clams and oysters in an effort to purify polluted waterways where manatees are starving to death.

As of Monday, a record 968 manatees had died so far this year, and the state fears the coming winter could be worse.

While the 968 manatee deaths are a record, up 11 since the end of September, there are long term consequences because four in ten were adults.

“These long-lived, slow-growing, slow to reproduce animals, the adults are really important as far as maintaining that population and having offspring,” said Mellisa Tucker with the Florida Fish and Wildlife Conservation Commission.

Boat encounters continue to be a problem, but more problematic is the lack of food caused by deteriorating water conditions.

“It’s really a crisis, because of all the nutrients and algae in the water. The grass, the sunlight can’t get though to let the grass grow,” said Kate MacFall with the Human Society of the US.

The most recent survey of manatees by the state was five years ago.

It found there were just over 8,800 of the mammals.

So concerned are lawmakers, one actually told FWC to ask for the money this year to do a new study.

In addition to replanting oysters and clams to clean the water, one contingency could be bringing food to the sea cows to keep them alive this winter.

“Restoration is not working because the water quality that killed the sea grasses to begin with is still there,” said State Representative Thad Altman.

And Altman worries we’re watching the sea mammal go extinct before our eyes.

“You’ve got to keep them alive, and that’s a question that I don’t think we’ve ever had to confront. And I don’t think we ever thought we would have to confront this so quickly, so vastly, where a species is starving to death right before our eyes.”

FWC is spending $8 million this year to protect the manatee.

It’s asking for another $6 million in the coming budget.

Manatee deaths returned to normal once winter’s weather started to warm, but FWC and lawmakers expect the deaths to rise again once cold weather is the norm.

The race for Governor now has three major Democrats seeking their party’s nomination. A South Florida State Senator joined the ranks this morning, alluding to, as Mike Vasilinda tells us, neither of the other two top tier Democrats are gaining traction.

State Senator Annette Taddeo became the 10th Democrat to file for Governor, but Taddeo, Ag Commissioner Nikki Fried, and Congressman Charlie Crist are the only three in the bunch who are viable.  

“It feels great. Feels right!” Taddeo told us when she arrive to file her paperwork.

Taddeo was Charlie Crist’s running made when he sought the Governors job in 2014 and told us this race is not about Charlie Crist, or herself.

“This race is about the future of Floridians and who is going to be the best person to create the coalition and to create the excitement from the ground up to win.” Taddeo told us afterwards.

Taddeo says it was main street Democrats from across the state that encouraged her to get into the race. 

“Our activists and people who worked so hard to elect Democrats, and we just seem to fall short every time.”

One reason for the encouragement: Fried and Crist have shown lackluster fundraising. Both have about three million in the bank.

The Friends of Ron DeSantis, his political committee, has already raised one hundred and one million dollars. He’s got fifty-eight million left in cash”

While not yet official, his is indeed running for re-election. In June, he said this: “I think it’s a pretty good bet we’re gonna do that.”

In a campaign video, the Columbian native honors her fathers service in World War Two by saying: “I get my fighting spirit, my beliefs from him, my dad.”

And she reminds voters: “I’m a lifelong democrat.”.

Unlike Crist.

So it really will come down to which voters Taddeo can attract. She concedes there is little difference on issues between Crist, Fried and herself, including supporting the legalization of marijuana.

Media Consultant Kevin Cate, who worked for Crist and Taddeo in 2014, and is now working for Fried, tweeted that Nikki Fired is the only Democrat to win the state since Barak Obama in 2012.

A dozen men who were abused at state reform schools were in the State Capitol this morning to plead for compensation. Legislation introduced by a two lawmakers sets up a register for the men to apply for compensation , but the legislation does not require an amount. The sponsor calls the move strategic, allowing lawmakers to agree on how much and how it should be given the men. Survivor Bryant Middleton says no amount will ever make the men whole,

“I don’t know what number you can put upon sexual abuse of a child. I don’t what number you can put upon beating a child until he literally passes out,, and is so bloody that he has to have sutures for his wounds. I don’t what a number is, but the satisfaction of getting the c compensation will do a lot to heal these men.”1

The White House boys also say there are records of more than 180 boys coming into the Dozier School, but no records of them ever leaving. More than 50 remains were found at one did, but ground penetrating radar found little else on the grounds.

State lawmakers on the redistricting committee have voted not to let members of the public submit potential maps for new political districts, unless that map has been sponsored by a state Senator. A decade ago, GOP political consultants posed as member of the public, drew maps eventually adopted, then thrown out by the courts. Chair Ray Rodrigues of Ft. Myers thats not going to happen again. 

“The staff will only work on something if a Senator has sponsored it, and put our name on it and said we want this to be done. You have a member that does not want to go through the website to put their map in, then that member must not want that map to be considered by this body. Because that is the procedure we’ve laid out for the public to participate when it comes to submitting maps that have been drawn.” 

Under the new rules, anyone submitting a map must also sign a  form telling lawmakers which methodology they used in coming up with a design.

The local governments surrounding Florida’s State Capitol have been the most vocal in their opposition to state mandates on masks and vaccines.

They are becoming the epicenter of the current culture war.

In Leon County, Nearly six of ten voters chose Andrew Gillum over Ron DeSantis.

“The Governor is pulling all the strings,” said Leon County School Superintendent Rocky Hanna

The School Board has been cited for violating the state’s mask mandate ban.

“Our community is very different than Miami-Dade, or Duval, or Hillsborough,” said Hanna.

And Leon County is the only one so far to have been issued a notice of violation for requiring employees to be vaccinated.

Now, the city is joining a legal challenge of HB 1, the so-called ‘anti-riot’ legislation.

It’s over a provision that allows the state to intervene if local government’s defund police.

“The voters here in Tallahassee and the people who live here expect us to make a decision with their tax dollars and we need to have the ability to do that,” said Tallahassee City Commissioner Jeremy Matlow.

The clash is proof all politics are local.

“I not only voted for it, but I spoke in favor of it on the House Floor,” said Representative Chuck Brannon.

Rep. Brannon chairs the House Criminal Justice Sub Committee.

“No, no negative feedback at all,” said Brannon.

In 2018, Ron DeSantis made only private appearances at the Capitol, but for Democratic candidates it’s a regular stop.

Gubernatorial hopeful Charlie Crist used the Capital Thursday as a backdrop to call for the full legalization of marijuana.

“Because I believe if you can brew your own beer, you can brew your own weed,” said Crist.

Congressman Crist told reporters he would use tax revenue from legal marijuana to fund other criminal justice and sentencing reforms.

There are two democrats running against Ron DeSantis.

A third is likely, and these culture wars won’t likely be decided until 2022.

Florida Senators asked COVID-related questions and got few answers Wednesday from both the Department of Health and the Agency for Health Care Administration.

One question not asked was about was pending fines for businesses and governments who have been accused of asking for proof of vaccination.

When the Department of Health appeared before lawmakers Wednesday, it wasn’t asked about the $3.57 million fine it is imposing on Leon County for its vaccine mandate.

So we asked after their presentation in the Senate committee.

“We’ll get back to you as soon as possible,” said Department of Health Spokesperson Megan Moran.

Democratic State Senator Janet Cruz alleged the Department wouldn’t speak in person because everyone is following a script.

“It’s about control. You know, it’s about the mask mandate. It’s about denying science,” said Cruz.

The Department of Health did respond with a statement later in the afternoon.

“Under the rule, the Florida Department of Health now has the authority to enforce penalties on applicable entities and institutions that require documentation of vaccination or post-exposure status. To ensure accountability and enforcement of this law, the Department of Health, Floridians and visitors can submit complaints to the Florida Department of Health at VaxPassFreeFL@FLHealth.gov,” said DOH Communications Director Weesam Khoury.

Leon has 21 days to file an administrative appeal.

In a statement the county said it will seek legal relief.

The fine comes as the Department of Health is investigating at least 120 businesses who may have required a vaccine to enter.

The author of the legislation now said lawmakers should look at stopping not just government, but businesses from mandating shots for employees.

“I think everything should be on the table during this unique and unprecedented time, because what we have here is a workforce issue to begin with,” said State Senator Danny Burgess.

The idea isn’t sitting well with Cruz.

“Taking local control away from people that believe in science is a little bit ridiculous,” said Cruz.

Lawmakers are likely to move cautiously, as some the state’s biggest employers, including Disney, have already mandated shots.

“I think that’s a moving target. I think conversations will be had,” said State Senator Manny Diaz.

Wednesday’s presentation did show hospitalizations and deaths declining.

If the trend continues, the political appetite for tougher sanctions against governments and businesses may wane as well.

The father of a young woman killed by a woman-hating man in a Tallahassee yoga studio three years ago is unhappy his daughter’s death is not subject to a hate crime enhancement.

Mara Binkley and Nancy VanVessen died November 2, 2018.

Four others were wounded.

The killer was a known INCEL, someone who blames their inability to have sex on women rejecting them.

Legislation to make gender a status class has been filed, but has not gotten traction in the past.

Father Jeff Binkley said the lack of action is disrespectful.

“It is profoundly disrespectful to Mara, to our family, and to her legacy. It is also profoundly disrespectful to the legacy and family of Dr. Nancy VanVessen, who also lost her life, as it is to the other victims. Four other women were shot, their lives changed forever,” said Binkley.

Legislation filed this year would add gender to the list of eligible hate crimes.

It also would include transgender individuals.

Conviction with a hate crime elevates penalties to the next most severe sanction.

Tuesday was “National Savings Day”, a day when spending less and saving more is emphasized.

But a proposal by the Biden Administration to snoop on your bank account could result in less savings and fewer people using banks.

Under the plan being pushed by the White House, banks would be required to share your account information including what went in, what came out and where it went.

The information would be reported regularly.

It would also track transactions of $600 or more.

“You’ll encourage more underground economy,” said Florida Chief Financial Officer Jimmy Patronis.

Nearly two dozen state financial officers have written to say its a bad idea.

Patronis is one of the signers.

“At the end of the day, I don’t think having Uncle Sam sitting in my bedroom, finding out what I’ve purchased over the last thirty days is any of their business,” said Patronis.

Florida bankers have begun an uproar.

Florida Bankers Association President Alex Sanchez called the plan expensive and disruptive.

“It’s just wrong. It’s an incredible invasion of privacy by the Biden Administration, by the Internal Revenue Service,” said Sanchez.

We did talk to three Democrat State legislators.

All were unaware of the plan.

Only one would go on the record.

“There is a reason why we need to have a strong government, to have this kind of oversight, to make sure that folks are held accountable when they are not paying their taxes,” said State Representative Carlos Guillermo Smith.

The bankers did tell us they are making headway with moderate Democrats in DC, but they worry customers will lose trust if banks are forced to provide the info.

“And I think what the Biden Administration should do is go after the high income tax evaders that are either persons or corporations, and audit them,” said Sanchez.

The motivation to catch tax cheats is seen by most as a good thing, but the plan is also likely to be costly for average Americans who get audited over otherwise innocent transactions.

Florida CFO Patronis also told us he has directed the Department of Financial Services to try an find a way to exempt state residents from the plan if it becomes law.

Eight Florida School districts are weighing their options after being found out of compliance with a state mask rule requiring a parental opt out. Six districts filed an administrative complaint this week challenging the rule, and as Mike Vasilinda tells us, the states Agriculture Commission is accusing the state of playing games over school masks.

The administrative complaint, which has yet to be scheduled, says the Department of Health exceeded its authority because the rule is about protecting parents rights, something not in DOH’s jurisdiction.

Leon Superintendent Rocky Hanna is one of the plaintiffs. “One, we believe it’s an overreach of authority by the Department of Health. That they have operated outside what is statutorily allowed for them to do with a parent opt out. That’s not their area. Their area is to keep people safe and healthy. And number two, we believe we are operating under the Parents Bill of Rights” Hanna told us Friday afternoon.

Duval County would not comment on the pending litigation,  but it did say in a statement it has a responsibility to provide a safe environment for learning.

Gubernatorial hopeful Nikki Fried sided with the school districts, again, telling reporters: “Governor DeSantis, stop playing politics.”

Fried today called on the White House to continue backfilling school district budgets to make up for financial sanctions about to be imposed by Commissioner of Education. 

“I’m calling on the White House and the US Department of Education to use the full weight of the Federal government to stop the DeSantis administration  from defunding our schools” she says.

The mask rule was adopted September 22nd…just days before a previous rule was about to go to trial at the Division of Administrative Hearings. And when the new rule was adopted, the previous challenge was stopped in its tracks.

There is nothing to stop the state from changing the rule again right before a hearing. When asked about it, Fried said…“Stop playing games. Let’s do this right.”

Like Duval County, the Department of Health said it could not comment on pending litigation.

A circuit court judge threw out the mask mandate as unconstitutional, but the ruling was put on hold by the First District Court of Appeal, which has yet to consider the case.

A group calling itself “Sensible Florida” is back with a new constitutional amendment to legalize marijuana on the 2022 ballot.

It comes after the state Supreme Court threw two amendments off the ballot.

Because of the previous decisions the latest effort is the simple, it just allows people to grow their own.

Eighteen states, two territories, and the District of Columbia have legalized marijuana.

Sensible Florida filed its new amendment in mid-September.

It also raised $121,000 during the month.

Organizer Michael Minardi said the money was used to mail petitions to voters.

“Well over 466,000 petitions were sent out, and we’ll be launching another mail campaign within the next couple weeks,” said Minardi.

Unlike past efforts that have run afoul of the state Supreme Court over terms like ‘limiting use’ or not telling voters marijuana is still illegal at the federal level, this effort simply allows adults to grow up to nine plants or a max of 18 per household.

“This is ultimately for the benefit of the people because it allows them to take their health and wellness back into their hands. It allows them to be able to not be afraid of getting arrested,” said Minardi.

In the past, marijuana amendments have been opposed in court by the Florida Chamber.

“If this latest paid petition proposal achieves the required signatures for judicial review, the Florida Chamber’s Litigation & Regulatory Reform Center will review its available options to keep Florida, Florida, and ensure efforts to utilize ballot initiatives to circumvent the appropriate legislative process are unsuccessful,” said Mark Wilson, CEO of the Florida Chamber of Commerce.

Minardi believes just one to three percent will actually grow their own marijuana, but this amendment doesn’t set up a retail market.

Creating that retail market would be up to the Legislature.

“You know, really, this helps a lot of patients that have trouble affording medication, even having trouble affording doctors as well, as exploring opening up the market to legal sales,” said Minardi.

The campaign is on a short timetable.

So far it has no verified signatures, and it needs more than 891,000 by the first of February.

The number of school districts facing sanctions at Thursday’s State board of Education meeting over the districts’ mask policies is now down to nine.

Two districts, Sarasota and Hillsborough waited until the 11th hour before changing policies to allow parents to opt their children out of mask requirements.

https://youtu.be/IsSJ6wT55-k

Hillsborough County School Board members got an earful from parents Tuesday.

“We the people expect you to uphold the highest standards when it comes to parental rights,” said parent Elizabeth Thomas.

The board voted 6-1 to stop requiring a medical certificate and instead allow parents to opt out with an online form.

The move is expected to stop the state board from withholding thousands of dollars in school board salaries.

“So we have seen like a 93 percent decrease in the positive cases,” said Hillsborough Superintendent Addison Davis.

Davis told us it’s money the district could not lose.

“There are financial penalties that come with making decisions and where we are as an organization, we just don’t have the ability to lose any dollar and and cent,” said Davis.

A total of four districts have now backed down on their mask mandates.

Lee and Volusia backed down before the first fines were levied.

But there are still nine counties facing the loss of board salaries.

Alaucha and Broward also stand to lose over a half million dollars the Biden Administration sent to offset money lost in previous sanctions.

Alaucha Superintendent Dr. Carlee Simon argued the state’s energy could be better spent.

“We have significant needs in our school system that have been in the present situation with COVID as well as decades prior to. I would appreciate a focus on educating our children and less on punishing school districts,” said Simon.

The State Board meets Thursday at one pm by phone.

It’s a public meeting, so you can listen in by dialing 1-800-368-1029, passcode 380771.

The meeting is also being streamed on TheFloridaChannel.org.

The Florida Supreme Court is being asked to interpret state law for a Federal Court, which is hearing a challenge to a five percent convenience fee Florida’s largest provider of red light cameras has been adding to red light violations.

If the court sides with red light runners, millions could be on the table for refunds.

There are just over 500 active red light cameras in Florida.

Notices of violation sent to motorists cost a flat $158, but American Traffic Solutions, which provides cameras to 31 jurisdictions, has also been adding a five percent fee to anyone using a credit card to pay.

South Florida resident Steven Pincus has chosen to fight the $7.90 add on.

His attorney Bret Lusskin argued to the Florida Supreme Court it’s not allowed by state law.

“State law says you can not add any additional fees, fines, surcharges, or costs,” said Lusskin.

But Justices seemed skeptical.

“The choice to make an electronic payment is entirely voluntary,” said Chief Justice Charles Canady.

American Traffic Solutions suggested paying the fee offered value.

“I don’t need to get my stamp, I don’t need to get my money order if that’s what it’s going to take. It’s done, and so there is real benefit here,” said ATS attorney Joseph Lang.

ATS did admit it does make a profit on the fee, even after paying credit card processing costs.

After Tuesday’s hearing, their attorney declined to explain.

So why did the case get to federal court and now Florida’s high court over a $7.90 fee?

“The amount of the fine is a $158. That’s all they should be getting charged. And I think it’s unfair for a company to be overcharging people in this way,” said Lusskin.

If the Florida Supreme Court rules the fee was illegal it could lead to a class action suit, in which $30 million could eventually be available to some of the 8 million people cited so far by red light cameras.

Plaintiffs argue the profit from the fee is wrongful enrichment.

The court took the case under advisement.

It could take weeks or months to send the case back to Federal court, which could allow the case to go forward, or decide there is no case at all.

During her more than two and a half years as Florida’s First Lady, Casey DeSantis has fought for single mothers, better mental health for school students.

Now during breast cancer awareness month, she herself is fighting the disease.

The announcement came in an email from the Governor’s Office Monday.

The Governor called Casey the centerpiece of their family, adding she is facing the most difficult test of her life.

CDC Data shows 131,409 Florida women were diagnosed with breast cancer in 2018.

The rate of 438 per 100,000 is nearly four times higher than the national rate of 127 cases.

“Certainly breast cancer increases with age, so that is part of it,” said Dr. Shelby Blank, a surgeon with Tallahassee Memorial Hospital.

Dr. Blank told us there is always room for optimism.

“Aside from skin cancers, it’s the most commonly diagnosed cancer in women,” said Blank.

Terri Cariota is a retired police officer who got her diagnosis last week.

“I literally broke down in tears,” said Cariota.

She had this advice for the First Lady.

“Whatever her degree of breast cancer requires do it. Because health is certainly more important than physical appearance,” said Cariota.

We’ve been told the First Lady is being treated by doctors at Moffitt Cancer Center in Tampa.

Dr. Karen Russel, an oncologist at Tallahassee Memorial, said regular self examinations and early treatment are keys to survival.

“Still seeing a ton of women with, I’ve only had my breast cancer a month. Well, we know its been there for longer because of the lack of screening in the year of COVID 2020,” said Russel.

Regular screening is important to detection.

Cariota only got screened because she got a call from her insurer saying she was overdue.

Also in the Monday release, the Governor called his wife a true fighter and said she will never, never, never give up.