A Leon County circuit judge has said a trial is needed in part of a long-running lawsuit about how the Legislature carried out a 2014 constitutional amendment aimed at land and water conservation. Environmental groups in October asked Circuit Judge Charles Dodson to grant summary judgment finding that some state budget items from 2015 and 2016 violated the constitutional amendment. Summary judgment would have short-circuited the need for a trial. “On summary judgment, plaintiffs must prove the nonexistence of a genuine issue of material fact. But Dodson wrote in his ruling last week that a dispute about the constitutionality of specific budget items remained after the appeals-court decision.

TALLAHASSEE, Fla. – Trying to end months of legal wrangling, the state is urging an appeals court to keep in place a decision that backed Gov. Ron DeSantis and Education Commissioner Richard Corcoran in a fight about reopening schools during the COVID-19 pandemic. A key issue in the legal fight has involved part of the order that dealt with the way public schools are funded. In his Aug. 24 ruling that granted a temporary injunction, Dodson said the order left school districts with “no meaningful alternative” about reopening classrooms. But the panel of the Tallahassee-based appeals court overturned Dodson’s ruling on a series of grounds.

School districts assign teachers to classrooms and approve or deny their requested accommodations. In his Aug. 24 ruling granting a temporary injunction, Dodson said the order left school districts with “no meaningful alternative” about reopening classrooms. “The offer to provide increased state funding to school districts that reopen for in-person instruction is also rational,” Rowe wrote. But because the commissioner exercised his discretion to provide waivers from the funding statutes and rules, school districts were eligible to receive increased funding. The appeals court decision said Corcoran’s order gave school districts discretion about how to handle the situation.

But, according to the training slide, officers with the Jacksonville Sheriff’s Office can’t invoke Marsy’s Law protections in the course of their official duty. The Fraternal Order of Police, the union that represents officers, is suing the Jacksonville Sheriff’s Office to challenge the policy. Judge Charles Dodson ruled against the Florida Police Benevolent Association, writing in his court order that Marsy’s Law enforcement officers acting in their official capacity are not protected by Marsy’s Law. “That hasn’t been an issue expressed to me by several other agencies that allow Marsy’s Law protection. In Jacksonville, the city and Jacksonville Fraternal Order of Police are waiting for the judge’s ruling.

TALLAHASSEE, Fla. An influential education group led by former Gov. Jeb Bush is backing the state in a legal battle about an order requiring school districts to open classrooms for face-to-face instruction during the COVID-19 pandemic. The Foundation for Excellence in Education, which is chaired by Bush, filed a friend-of-the-court brief Friday at the 1st District Court of Appeal supporting Gov. A Leon County circuit judge last month ruled that a July 6 order issued by Corcoran about reopening classrooms was unconstitutional. The state immediately appealed the ruling by Circuit Judge Charles Dodson to the Tallahassee-based appeals court.

TALLAHASSEE, Fla. – Siding with teachers unions, a Leon County circuit judge Thursday lifted a stay of his earlier ruling that a state order requiring schools to reopen in August is unconstitutional. Ron DeSantis, Education Commissioner Richard Corcoran and other state education officials of ignoring the Florida Constitution by requiring school districts to resume face-to-face instruction this month amid the coronavirus pandemic. Attorneys for Corcoran and DeSantis immediately filed a notice of appealing Dodson’s ruling to the 1st District Court of Appeal. Under law, that notice of appeal automatically placed a stay on Dodson’s ruling -- effectively putting it on hold until the Tallahassee-based appeals court can resolve the case. In Thursday’s order, Dodson scolded the state for misrepresenting his temporary injunction.

TALLAHASSEE, Fla. – Florida officials are urging a Leon County circuit judge to keep in place a stay on his ruling that a state mandate to reopen brick-and-mortar schools is unconstitutional. Ron DeSantis immediately filed a notice of appealing Dodson’s ruling to the 1st District Court of Appeal. Under law, that notice of appeal automatically placed a stay on Dodson’s ruling — effectively putting it on hold until the Tallahassee-based appeals court can resolve the case. Late Tuesday, attorneys for the Florida Education Association and the Orange County teachers union asked Dodson to lift the stay. “The court should deny the motion and maintain the stay so that families already beset by uncertainty and concern will not be further burdened by repeated and potentially contradictory orders,” the state’s lawyers wrote.

The filing triggered an automatic stay that puts on hold Mondays ruling by Circuit Judge Charles Dodson, attorneys for the state wrote, citing legal precedents. The unions argued, in part, that the order violated a state constitutional guarantee of safe and secure public education. Schools districts have risked losing funding if they did not comply with Corcorans order, and many have already opened. The notice of appeal, as is common, did not detail arguments that the state will make at the appeals court. It also was not immediately clear how long it will take the court to consider the case.

TALLAHASSEE, Fla. Floridas largest teachers union has been joined by the NAACP in its lawsuit seeking to keep schools closed. That lawsuit will go before a judge Wednesday who will decide whether a state order requiring in-person learning in all 67 counties by the end of August is constitutional. Ron DeSantis, the Department of Education and Commissioner Richard Corcoran over the order arguing that the order is unconstitutional given that school districts are run by elected boards. School districts are being pressured with this zeal to open schools without regard for the continuing expansion of the pandemic, attorney Ron Meyer said. More than a dozen school districts -- including Baker, Bradford, Charlton and Union counties -- opened last week.

TALLAHASSEE, Fla. A lawsuit by a union representing Floridas largest teachers union seeking to keep schools closed is still alive Friday morning. After hearing arguments from both sides in a virtual haring, Circuit Court Judge Charles Dodson denied a motion to dismiss the lawsuit filed by Florida Education Association against Gov. Ron DeSantis, the Department of Education and Commissioner Richard Corcoran requiring in-person learning in all 67 counties by the end of August. The FEA is challenging whether that order is constitutional given that school districts are run by elected boards. We are Wuhan, as far as the rest of the world is concerned, FEA attorney Ron Meyer told the judge Thursday.

The Florida Education Association teachers union is challenging Corcorans July 6 emergency order requiring schools to reopen in August unless state and local health officials say otherwise. The union alleges that Corcorans directive violates the state Constitution, which guarantees Floridians the right to safe and secure public education. And throughout August, well have -- all 67 of our districts will open.Under Corcorans order, school districts outside of Miami-Dade, Palm Beach and Broward counties risk losing state funds if they dont open bricks-and-mortar classrooms. Dodson was assigned to the case this week, after Leon County Circuit Judges Angela Dempsey and John Cooper recused themselves. But the reality is, of the districts that opened up this week, six of them have almost 100% teacher participation.

The Florida Education Association teachers union is challenging Corcoran’s July 6 emergency order requiring schools to reopen in August, unless state and local health officials say otherwise. The union alleges that Corcoran’s directive violates the state Constitution, which guarantees Floridians the right to “safe” and “secure” public education. Under Corcoran’s order, school districts outside of Miami-Dade, Palm Beach and Broward counties risk losing state funds if they don’t open bricks-and-mortar classrooms. Dodson was assigned to the case this week, after Leon County Circuit Judges Angela Dempsey and John Cooper recused themselves. Florida deserves much better than confusing commands concerning life and death issues.”The union is also asking Dodson to expedite the case, slated for an online hearing Thursday morning.

Florida since 1987 has had what is known as a preemption law that prevents local governments from passing gun regulations that are stricter than state firearms laws. The National Rifle Association-backed measure also allowed individuals and groups that successfully challenged local governments over gun regulations to receive damages up to $100,000 and attorney fees. The goal is to have local governments to stay out of this area, because there is preemption, he said. Guedes said local officials could get hauled into court and asked about their reasons for voting on such measures. The Florida Constitution gives local officials immunity to protect the process, to protect against the possibility of destroying local democracy, he argued.

TALLAHASSEE, Fla. - A state appeals court on Friday allowed the Florida House of Representatives to intervene in a lawsuit that could upend the state's medical marijuana system. Dodson's ruling also struck down a portion of the law that set a cap on the number of medical marijuana operators in the state. While the constitutional amendment made the Department of Health responsible for implementation, it gave policymaking authority to the Legislature, Thomas noted. The amendment legalizing medical marijuana "institutes a dramatic sea change in the regulation of marijuana in Florida," and the new provisions of the state law "attempt to navigate these changes," Thomas added. And, Makar noted, Dodson "felt it odd that the House, which frequently seeks to not be a party-defendant in other civil cases, wanted to accept that responsibility" in the medical marijuana case.

iStock/junialTALLAHASSEE, Fla. - In a blow to environmental groups, an appeals court Monday overturned a circuit judge's ruling that said state lawmakers improperly diverted money that flowed from a 2014 constitutional amendment designed to boost land and water conservation. Dodson's ruling followed allegations by environmental groups that lawmakers had improperly used money from what is known as the Land Acquisition Trust Fund for other expenses, including agency expenses and salaries. "(A subsection of the amendment) authorizes LATF revenue to be used to finance the acquisition of land, water areas, easements and the like. Environmental groups filed two lawsuits, which were later consolidated, challenging the way lawmakers carried out the amendment during the 2015 legislative session. They argued that lawmakers had used the money as what one attorney described as a "slush fund" to cover environmental expenses.

A Leon County circuit judge last month struck down the law, leading the state to go to the Tallahassee-based appeals court. Both sides filed a joint motion last week asking the appeals court for "expedited" proceedings. "Expedited consideration is in the public interest, as the (appeals) court is in a position to provide much-needed clarification on matters of statewide concern." The appeals court Wednesday approved the motion and a series of deadlines for filing documents and briefs. Circuit Judge Charles Dodson on July 26 struck down the 2011 law, though he kept in place the 1987 preemption law.

RELATED: Judge sides with local governments on gun lawThe case has included about 30 municipalities, mostly in South Florida but also including Orlando, Gainesville and Tallahassee, and Miami-Dade, Broward and Leon counties. Some local officials said Monday they would urge Moody and Gov. Florida since 1987 has had what is known as a preemption law that prevents local governments from passing gun regulations that are stricter than state firearms laws. The law also allowed individuals and groups that successfully challenged local governments over gun regulations to receive damages up to $100,000 and attorney fees. But Schenone, the Moody spokeswoman, said Dodson also ruled against Weston and other local governments on certain issues in the case.

Local governments challenged the 2011 law after last years mass shooting at Marjory Stoneman Douglas High School in Parkland. For example, under the 2011 law, local officials could face fines up to $5,000 and potential removal from office. Also, members of the public and organizations could receive damages up to $100,000 and attorney fees if they successfully sued local governments for violations. He also pointed to the constitutional separation of powers, as judges could be asked to rule on penalizing local officials. But the attorneys said local governments refrained from going ahead with the proposals because of the severe chilling effect of the preemption law and penalties.

But lawyers representing the state argued that the environmental groups are trying to impose restrictions on spending that doesnt exist in the constitutional amendment voters overwhelmingly approved in 2014. Weve been referred to the ballot summary, but the ballot summary refers to acquisition, restoration, improvement and management, without any suggestion that the acquisition must come first, Bardos said during arguments in the case Tuesday afternoon. In the trial courts final judgment, the court summarized the ballot summary by saying that lands can be acquired and then restored and improved and managed, Bardos continued. Joe Little, an attorney representing the Florida Defenders of the Environment, said the state wants unrestrained use of the money. The Lottery problem that Im aware (of), the Lottery money going to things that the voters that perhaps didnt think they approved, thats not present here, right? Bilbrey said.

But Tampa-based Florigrown argued that legislators instead should concentrate on fixing the law, aimed at carrying out a constitutional amendment that broadly legalized medical marijuana. But the Tallahassee judge refused to allow the House to join in the lawsuit. How can the House not be allowed to intervene on the merits of that determination? Thomas asked Katherine Giddings, a lawyer representing Florigrown. But Thomas disagreed, saying the constitutionality of the law will be determined by the appeals court, not the circuit judge. But Judge Scott Makar questioned why the House was bothering to intervene in the case, which Makar said would almost certainly wind up before the Florida Supreme Court.