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Court: Hold back 3rd graders who do poorly on reading test

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In a blow to parents seeking to have their children “opt out” of Florida’s high-stakes tests, an appeals court Tuesday ruled that school districts have a right to hold third-graders back when they score badly on a state reading test. The 1st District Court of Appeal threw out a ruling by a lower court judge who said a handful of school districts must consider options other than students’ performances on the Florida Standards Assessment test when deciding whether to promote…

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Woman tied to murder of FSU law professor wants out of jail

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Attorneys for a Miami woman accused of playing a key role in the killing of a Florida State University law professor are trying once again to get her out of jail. An attorney for Katherine Magbanua on Monday requested that a Florida appeals court allow her to be released on bail. The motion with the 1st District Court of Appeal contends prosecutors have not presented enough evidence to keep her locked up ahead of her trial on murder charges. That…

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Insurance office, NCCI refute Sunshine Law claims in workers’ comp appeal

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The Office of Insurance Regulation and an organization that proposes workers’ compensation premium rates have filed legal briefs refuting arguments that they calculated Florida’s recent 14.5 percent rate hike in violation of the Sunshine Law. James Fee, a Miami workers’ compensation attorney fighting the increase, and a group of press and press-freedom organizations, had argued in their own briefs that the National Council on Compensation Insurance, or NCCI, was obliged to open its internal deliberations to public scrutiny, but failed to do…

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NCCI, state insurance office can’t evade Sunshine Law, brief argues

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The group behind a 14.5 percent workers’ compensation premium can’t get around Florida’s Sunshine Law by arguing that a single individual worked on the matter, and not a full-fledged internal committee, an appellate brief argues. The law holds that meetings by such committees at rating organizations like the National Council on Compensation Insurance, or NCCI, must be open to the public — and their internal supporting documents, too, the brief says. Attorneys representing James Fee, a Miami workers’ compensation lawyer challenging…

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State won’t have to pay Planned Parenthood’s legal tab

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The state won’t end up on the hook for Planned Parenthood of Southwest and Central Florida‘s legal fees, according to an appellate court decision released Thursday. The health care organization had sought to punish the Agency for Health Care Administration by making it pay the group’s attorney fees after filing “administrative complaints … alleging violations of (its) license to perform abortions.” The state eventually “voluntarily dismissed the complaints,” according to the opinion. But an administrative law judge still ordered an evidentiary hearing on the…

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Supreme Court throws out school vouchers case

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The Florida Supreme Court on Wednesday said it will not take up an appeal on a high-profile school vouchers case. The decision comes as a major setback to vouchers opponents, including the Florida Education Association (FEA), the statewide teachers’ union, but was applauded by school choice advocates. (Separate story on the FEA’s reaction here.) The court denied a request to review the case, but did not comment on its merits. “No motion for rehearing will be entertained by the Court,” its 2-paragraph order said. “Who is…

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Matt Gaetz wins appeal for northwest Florida skydiving business

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Congressman Matt Gaetz, also an attorney, has won an appeal that should allow a Walton County couple to continue operating a skydiving business on their 290-acre farm near Paxton. A three-judge panel of the 1st District Court of Appeal issued its unanimous decision Tuesday for James and Melanie Nipper. He “had a distinguished career as a U.S. Army Paratrooper and member of the elite Golden Knights parachute team from 1981-1997;” she “was an Army pilot,” the opinion said. They have since retired from…

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