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Dozier Compensation Bill Clears First Hurdle

January 26th, 2021 by Jake Stofan

Florida lawmakers have taken the first step towards compensating hundreds of men and or their families for the abuse they suffered in a state reform school.

Legislation approved by its first Senate committee Tuesday morning would allow victims of the now-shuttered Dozier school in Mariana to file claims with the state.

The Florida Legislature formally apologized in 2017 for the physical and sexual abuse alleged to have been committed at the Dozier School for Boys throughout its century long history.

We spoke with Charlie Fudge at the time.

He’s among roughly 500 who have come forward alleging abuse at the school.

“It’s hard to make it through the day because of the abuse that we went through,” said Fudge, who attended Dozier from 1960 to 1961.

Now Fudge and other victims’ ask for compensation is finally gaining traction.

Legislation sponsored by the same lawmaker who championed the apology would allow victims to make a claim with the state.

“For physical or psychological injury,” said Senator Darryl Rouson.

It’s not clear how much Dozier victims would be eligible to receive, but the bill sponsor told us sovereign immunity, which generally limits compensation to $200,000 wouldn’t apply in this case.

The bill passed its first committee with only one no vote, from a Senator who grew up near the school.

“I don’t believe for a minute that 500 people were mistreated there,” said Senator George Gainer.

But the bill sponsor said the remains of 40 boys uncovered on the school grounds in 2013 tell a different story.

“How can you reject graves? Bones that yet scream out for justice,” said Rouson.

And while the bill sponsor told us it would be helpful to have the backing of lawmakers from the Mariana community, he said it’s not necessary for the legislation’s success.

Memorials for the Dozier victims on the school grounds and at the State Capitol are in the process of being designed an built.

They were approved in 2017 alongside the official apology from the Legislature.

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Public Could Be Excluded from Presidential Searches

January 26th, 2021 by Mike Vasilinda

The names of everyone applying to be a university or state college President in Florida will no longer be public under legislation approved along party lines Tuesday morning in the State Capitol.

This is the sixth year the legislation has been filed.

Only the names of finalists would become public, which records advocates say doesn’t tell the public enough.

State lawmakers want to keep the names of people applying for university or state college presidencies out of the public record, at least initially.

Their argument, candidates don’t want their current bosses to know they applied for another job.

“What we really want is a broader pool of applicants,” said Senate sponsor Jeff Brandes.

But opponents, including FSU faculty union president Matthew Lata, contradicted lawmakers.

He said being considered for a new job is actually a plus in academia.

“Being recruited is a part of what we do, and its a part of what cements our national reputation,” said Lata.

The First Amendment Foundation worries the public will never know if politics overshadowed a quality leader.

“So we won’t know if there was a lovely, diverse pool of applicants of women, of people of color. We won’t have any of that information. We’ll only know about these last candidates,” said Pam Marsh, President of the Foundation.

The legislation has never been able to get the two thirds vote required to enact a new public records exemption.

“If it ain’t broke, don’t fix it. Let’s leave things the way they are because its been working,” said Lata.

Committee Chair Joe Gruters said the legislation doesn’t undermine current university leaders, but it could prove beneficial.

“I think we’ve been pretty lucky with our picks, so the other side works, and however, I just think you are limiting the pool,” said Gruters.

Over the six years the bill has been introduced, it has passed both chambers on majority votes, but never by the two thirds votes needed to enact new restrictions on public records.

Under the legislation only finalists names become public at least 21 days before a vote, but opponents say the final recommendation could be just one candidate.

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Florida Lawmakers Look to Crack Down on Big Tech and China

January 26th, 2021 by Mike Vasilinda

Facebook, Twitter, Amazon, Apple, and Alphabet would all be banned from doing business with the state or local governments in Florida under legislation filed at the State Capitol.

The ban would go into effect two years from now, at the beginning of 2023, but House sponsor Rep. Randy Fine hopes the companies will change their censorship policies before the deadline begins.

“Twitter banned 70,000 accounts. Is this just going to be a cascading thing? Our goal is for these companies to realize they have made a mistake and reverse course, so we never actually have to do this. But should they continue to shut down the thoughts of half our state, then we have to stand up for those folks and say look, if you are going to boycott Florida, then we are going to boycott you,” said Fine.

“Conservative voices are being suppressed. There is no doubt about it. We have to do something to hold these companies accountable,” said Senate sponsor Joe Gruters.

A second piece of the same bill blames China for the Coronavirus economic meltdown.

It would ban state and local governments from purchasing any product made wholly in China or assembled elsewhere that contains less than 25 percent of US made parts.

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Senator Look to Close Sexual Offender Registration Loophole

January 26th, 2021 by Jake Stofan

Legislation aiming to close a loophole that has allowed at least one convicted sex offender to skirt registering with the state after his release from prison passed its first Senate committee Tuesday morning.

The loophole came to light after a Tampa man who was convicted for molesting two young girls was released from prison in 2016.

Two courts found that he was not required to register as a sex offender until he’d paid a $10,000 fine tied to his case due to poor wording in state statute.

Senator sponsor Lauren Book said fixing the technicality is imperative to public safety.

“If left unfixed it will absolutely pave the way for other sex offenders to legally exploit the same loophole to avoid registration and the stipulations that come with it,” said Book.

The legislation is backed by Florida’s Attorney General and numerous law enforcement agencies.

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COVID Business Protections Clear First Senate Committee

January 25th, 2021 by Jake Stofan

Legislation to protect businesses from what lawmakers describe as ‘frivolous’ lawsuits related to the pandemic passed its first Senate committee Monday.

The bill is facing stiff opposition from trial lawyers, who argue it would make it almost impossible for a person to seek damages from businesses that aren’t taking precautions.

Lawmakers have made COVID-liability protections a top priority for the 2021 legislative session.

“Businesses need certainty,” said State Senator Jeff Brandes.

Brandes is sponsoring the bill.

It would require a person to prove a business acted with ‘gross negligence’ in order for a civil suit related to the pandemic to go forward.

“The key here is, did the businesses reasonably follow the rules?” said Brandes.

But Jacksonville Trial Lawyer Eddie Farah worries the gross negligence standard tips the scale too far in the favor of businesses.

“You’re eliminating valid claims. You’re giving protection to people who do not comply with the law and when they know the standard is gross negligence they can be more lackadaisical,” said Farah.

Brandes told us the opposition comes as no surprise.

“They see that they could mine this gold mine for four years,” said Brandes.

Democratic state lawmakers did propose an amendment to lower the gross negligence standard in the bill’s first committee hearing, but it and three other proposed changes failed.

Brandes said the high standard is necessary to prevent people from engaging in ‘sue to settle’ schemes.

“Pay us off to make this issue go away and we won’t take you to court, but for most small businesses one lawsuit like this would bankrupt them,” said Brandes.

Farah argued there are already safeguards in place to deter frivolous suits.

“The system is not perfect, but you don’t shut down the whole system because there are some minor imperfections within it,” said Farah.

A recent report by Florida TaxWatch found 490 COVID-related suits have been filed so far in the state.

The TaxWatch report also estimated 356,000 Florida jobs could be at risk with out liability protections and the state could see a $28 billion reduction in economic activity.

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Bipartisan E-Fairness Passes 11-0

January 25th, 2021 by Mike Vasilinda

Sales over the internet have increased from 30 to 50 percent during the pandemic, yet Florida remains one of two states with a sales tax that does not place the tax burden on out-of-state retailers.

But where the tax is collected could soon be changing.

If you have purchased something over the internet or from a catalog, and the seller didn’t collect the sales tax, you as a consumer, are supposed to fill out this form and send what you owe to the state.

Only Florida and Missouri don’t force out-of-state retailers to collect at the point of sale, but lawmakers today took the first step to shift the burden to internet merchants.

“This is the right time. During the pandemic we’ve seen people’s buying patterns shift. And certainly, Florida is on the losing end, because not enough people are paying the tax that’s owed,” said State Senator Joe Gruters.

The constant parade of packages arriving at doors is only expected to increase in volume, even post pandemic.

Collecting the already owed tax at the point of sale is one of dozens of recommendations that Florida TaxWatch believes will get the state finances back on track.

“We have the second highest reliance on sales and use tax. We should have been at this a long time ago. It’s been ideological head in sand,” said Dominic Calabro, President and CEO of Florida TaxWatch.

There’s always been opposition.

It used to come from lawmakers worried about being labeled with voting for a tax increase.

But now the AFL-CIO says corporations and others should pay more before working people.

“We have working people who should be paying the tax, but why do they go first? Why are they the ones whose pocket books are going to get hit first?” said Dr. Rich Templin with the Florida AFL-CIO.

And consumers who haven’t paid the tax could be liable for what they over for up to three years.

Changing the point of the taxes collection is expected to raise up to a billion dollars a year that has been going uncollected.

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Florida Sees Eighth Straight Month of Job Growth

January 22nd, 2021 by Jake Stofan

Florida has experienced eight straight months of job growth according to the report released Friday from the Department of Economic Opportunity.

The report shows positive signs in the Florida economy with jobs increasing and unemployment rates dropping.

Florida’s unemployment rate for December was 6.1 percent.

It’s down two tenths of a percent from November, but even as the unemployment rate improves, there are still pockets of sky high unemployment in tourism heavy counties.

Osceola, Miami-Dade and Orange Counties all have unemployment rates over seven percent.

“And so just the nature of their industry makeup has led to an elevated unemployment rate,” said Adrienne Johnston, Bureau Chief of Workforce Statistics and Economic Research at DEO.

But Chief Economist for the Florida Chamber of Commerce Dr. Jerry Parrish has high hopes for a faster than anticipated recovery of the state’s tourism industry.

“I will guarantee you that as soon as people get vaccinated and feel comfortable again, we’re going to see a big return of visitors from other states and other countries,” said Parrish.

And Johnston said overall, the numbers are trending in the right direction.

“Seeing labor force actually increasing while our unemployment rate is going down,” said Johnston.

While the numbers are trending in the right direction, the state still has a ways to go to get to its pre-pandemic unemployment rate of 2.8 percent.

But as the Chamber points out, four of the state’s major industries, manufacturing, construction, finance and education and health services have nearly returned to pre-pandemic levels.

“So other than leisure and hospitality, which has obviously taken a big hit, I think Florida is doing really well,” said Parrish.

Florida’s new unemployment rate represents 614,000 people out of a job and actively looking for a new one.

DEO’s report also identified at least 64,000 people who stopped looking for work all together and therefore not counted in the unemployment rate.

The Florida Chamber attributes the positive economic trend in Florida to the state’s decision to reopen schools and businesses.

Florida hovers half a point lower than the national unemployment rate of 6.7 percent.

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State Stops Publishing Number of Floridians Overdo for COVID Booster

January 21st, 2021 by Jake Stofan

The Florida Department of Health is no longer publishing the number of people who are overdue for their second dose of the COVID-19 vaccine.

The Department told us the number was causing confusion, but some state lawmakers argue the move is yet another example of a lack of transparency.

High demand and low supply continues to plague the COVID vaccine rollout.

“People are calling my office desperate, yelling, screaming. Elderly, infirm, sick people and they can’t get a vaccine,” said State Senator Lori Berman.

Some hospitals have stopped giving out first doses to ensure an adequate supply for those who are eligible for booster shots.

As of the last reported numbers, there were more than 40,000 Floridians classified as overdue for their second shot.

To the dismay of some Florida lawmakers, the Department of Health decided Wednesday to stop publishing those statistics.

“You know, the more data the better to help our government make informed decisions and for the public to hold the government accountable,” said state Representative Anna Eskamani.

In an emailed statement, DOH told us the decision to stop reporting the numbers is two fold.

One, it said the stats aren’t reported by the CDC.

“This number is being removed to align with CDC reporting, which only includes information on first dose and series complete (first and second dose),” said Jason Mahon, Interm DOH Communications Director.

And two, it said the designation was misleading.

“this number is being removed as it may cause confusion related to the following CDC guidance,” said Mahon.

That guidance from the CDC said in part, “There is no maximum interval between the first and second doses for either vaccine.”

Mahon said it means no one is in fact ‘overdue’.

“No one is overdue for their second dose, but rather, will be eligible for their second dose. The Department of Health continues to recommend that individuals receive their second dose at 28 days for the Moderna vaccine, or 21 days for the Pfizer vaccine,” said Mahon.

Lawmakers we spoke with still argue it would be beneficial to know how many people who are eligible for the second dose are in the pipeline.

“So that we can provide clarity and comfort and answers to Floridians that are waiting their turn,” said Eskamani. “Not providing insight into how many people need a second booster shot impacts the timeline for when our teachers can get vaccinated, for when our essential workers can get vaccinated. At this point we’re operating without a transparent plan.”

The lawmakers we spoke with also said they are hopeful the new Biden Administration will work to ramp up vaccine production and better communicate to the states how much vaccine they can expect to receive on a long term basis.

We did ask for an interview with the Surgeon General and the Director of the Division of Emergency Management for this story to provide more clarity, but our requests went unanswered.

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Alleged Extremist Asks for Release

January 21st, 2021 by Mike Vasilinda

Federal Court testimony in the case of a Tallahassee man charged with making a threat over the Internet to kidnap and harm protestors at the State Capitol painted the 33-year-old man as either a dangerous extremist or a man whose friends think is a loose cannon, who used over enthusiastic words on the internet.

The FBI arrested Daniel Baker last Friday after he distributed a flyer both on and off line.

It calls for right-wing Capitol protestors to be encircled and trapped inside the building.

In a video, Lawrence Keefe, US Attorney for Florida’s Northern District, said the arrest sent a message.

“We will take all appropriate actions against credible threats,” said Keefe.

The FBI testified Baker came to their attention after returning from fighting against the Syrian Government.

Federal prosecutors argued that Baker’s decade of homelessness and his written threats, are reason to keep him behind bars.

A roommate, a friend and his landlord all painted a picture of a good, but hapless individual.

“And he’s just a joy to be around. He’s bright, he’s energetic, he’s an entrepreneur. He’s volunteering for all kinds of things in the community. He’s the kind of person we more of,” said Suzanna Matthews, Baker’s landlord.

“He’s an eccentrically spoken person, so I would take it all with a grain of salt,” Desiree Dattis, Baker’s friend.

Dattis is a teacher and homeless advocate.

She first met Baker a decade ago.

She eventually let the homeless man camp in her backyard for a year.

“He’s a genuinely a nice guy and this just a lot of talk,” said Dattis.

And Baker’s roommate Eric Champagne told the court Baker did not want to hurt anyone.

“The FBI themselves were warning about this and I think he took the FBI warning seriously and I think he was just trying to protect his neighbors,” said Champagne.

And the Federal Public Defender admitted that Baker could be shaky, but that he would benefit from mental health sessions if he is released.

The judge did not rule from the bench and said a written order with be forthcoming.

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Arrest Made in Connection to False Bomb Threat at Capitol

January 21st, 2021 by Mike Vasilinda

61-year-old Mark Wayne Clark of Tallahassee was arrested for making a false report of a bomb at the State Capitol.

The call came from a bar several miles to the east of the building just before 3 AM.

The threat was overheard by one of the bar’s employees and police were called.

The arrest was made at the bar.

Employees at the Capitol were kept out of the building until 9 AM Thursday morning while police used explosive sniffing K-9’s to determine the threat was a hoax.

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State Capitol Protest Calm

January 20th, 2021 by Mike Vasilinda

Threats of a large protest on Inauguration Day and violent counter demonstrators failed to materialize at the state Capitol Wednesday.

Just a few came to have their voices heard peacefully.

The show of force was continual.

Troopers were stationed under the Capitol, police drones were in the air, the National Guard was on the Capitol’s roof and spotters were on nearby buildings.

Police and reporters outnumbered demonstrators.

Len Murray drove in from Ft. Lauderdale, motivated by the riot at the US Capitol two weeks ago.

“We’ve got to heal the nation. We’ve got except the election. It’s been tried in the courts,” said Murray, who described himself as an independent.

“If violence breaks out, I’m going home,” said Robert Allen, another protestor who drove from Brandon to the Capitol.

Unlike our nation’s Capitol, police in Tallahassee proved it was better to be over prepared.

Trump supporters Earl and Susie Austin made the drive from Jacksonville.

“And we’re just trying to make a little bit of protest over the way the elections were ran, how poorly it was done,” said Earl.

Also from Jacksonville, retired navy vet Jamie Fucito.

“Just wanted to see how many patriots would show up,” said Fucito.

We asked if he was disappointed by the low turnout.

“Yeah I am,” said Fucito.

Two women from St. Augustine wouldn’t talk with us until we coaxed this response.

”We don’t trust the media,” said one of the women.

The were also two women who came dressed as angels.

 

They sang Amazing Grace, promoting peace not politics on their agenda.

“God told us to come today,” said one of the women, who called herself only ‘Angel Paula’.

A man arrested last week for attempting to incite violence counter protests at the Capitol has his first appearance Thursday in Federal Court when his request to be released on bond will be heard.

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Florida GOP Lawmakers Weary of New Administration

January 20th, 2021 by Jake Stofan

With a new administration comes new optimism or pessimism for state lawmakers, depending on which side of the political aisle they fall on.

Legislators are already setting expectations for how the new President may impact the state.

It was no secret that under the Obama Administration, the Republican Florida Legislature and Governor often found themselves at odds with the federal government.

Now the conservative controlled state government is gearing up for at another four years under a liberal President.

“I just hope we don’t see a Federal Government that tries to push the state farther to the left than it’s ready to go like we saw with the administration of President Obama,” said State Senator Ray Rodrigues.

Rodrigues worries the work to expedite everglades restoration under the Trump administration could be impacted by President Joe Biden.

“We could see the Federal Government go back to the ways that they did under President Obama and just put Everglades restoration on the back burner,” said Rodrigues.

The Governor has also raised some concerns.

As Trump goes, so does his tight personal relationship with the Oval Office.”

“I may not be a phone call away from getting everything done soon,” said Governor Ron DeSantis in a December interview.

Florida Republicans are also critical of Biden’s plan to involve FEMA in vaccine distribution.

“We don’t need additional bureaucrats to get the vaccine out and into the arms of Floridians. What we need are more vaccines,” said Rodrigues.

But Florida Democrats like State Senator Lori Berman argue the state should take help wherever it’s offered.

“And I don’t know why the Governor would in any way not be in favor of something that’s going to get more vaccines in peoples’ arms,” said Berman.

And while Republican state legislators may have their concerns at the federal level, what happens here in Florida ultimately is still in their hands, as it has been since Republicans took control of both the Florida House and Senate in 1997.

And some State Lawmakers are looking to honor the outgoing President here in Florida.

Legislation filed on Inauguration Day would rename U.S. Highway 27 the “President Donald J. Trump Highway”.

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Medical Marijuana Prescription Puts Woman’s Professional License at Risk

January 19th, 2021 by Jake Stofan

Floridians have been legally prescribed medical marijuana since 2017, but there’s nothing in state law that prohibits employers from discriminating against patients.

Advocates are hoping 2021 will bring employment protections for the state’s nearly half million medical marijuana patients.

Megan Kahn graduated with a degree in social work last year.

She got her professional license soon after and around the same time was prescribed medical marijuana.

Then she got a job offer in her field.

“I sent in all my documentation. I sent in a picture of my card and my prescription. Everything,” said Kahn.

But the job offer was revoked when THC showed up in her drug test.

“This is a clear cut case of medical discrimination,” said Josephine Cannella-Krehl, founder of MMJ Knowledge.

The employer went even further, and reported her as an ‘impaired clinician’.

Megan was told she would have to complete a year-long rehab program or lose her license.

“I can’t even drink alcohol. It’s abstinence completely,” said Kahn.

Florida Commissioner of Agriculture Nikki Fried told us medical marijuana employment discrimination is affecting almost every industry.

“We need to start to realize this is a medicine and people are taking it for medical benefits and they should not be discriminated against inside of their workforce,” said Fried.

Employment protection legislation was filed in the State Legislature last year, but never got a committee hearing.

Advocates hope lawmakers will see it differently this year, with more than 600,000 unemployed Floridians looking to rejoin the workforce.

For now, Megan and other patients will have to choose between their medicine and their livelihoods.

“It’s really hard to know that, with people doing things legally, people are still being treated like criminals, still losing employment and being discriminated against,” said Kahn.

Megan has found an employer willing to work with her, but she still has to complete the rehab program to save her license.

We reached out to the Department of Health and asked what if any rule or policy it has concerning medical marijuana patients and their ability to hold professional licenses.

We have not gotten a response.

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Capitol Security Remains Strong

January 19th, 2021 by Mike Vasilinda

Florida National Guard troops remain on active duty to protect Florida’s Capitol following an FBI alert that put all 50 state capitol’s on alert over the weekend.

Additional security precautions remain in effect and will continue at least through Wednesday’s Presidential Inauguration.

An occasional helicopter circled the Capitol Tuesday, just as it has since Sunday.

Armed spotters remain on the Capitol itself and surrounding buildings.

On the advice of law enforcement, City Hall and the county courthouse, which sit as bookends on a short street next to the Capitol, are closed for business through Wednesday.

Curtis Richardson is the longest serving Tallahassee City Commissioner.

“There are no services being provided to the general public at this point, because we are hoping people will stay home and not come to the downtown area so that they can be safe and not put themselves and others in harms way,” said Richardson.

Security looks a lot like it does every four years for the Governor’s inauguration with hundreds of officers present, out of sight, unless they are needed.

A flyer produced by the self described leftist radical arrested by the FBI last week calls on demonstrators to answer a call to arms on Wednesday.

Daniel Baker is being held without bond until a hearing the day after the inauguration.

“If you pose a threat to public safety, we will come for you. We will find you. And we will prosecute you,” said US Attorney for Florida’s Northern District Lawrence Keefe.

On Sunday, Tallahassee Mayor John Dailey praised the Governor for sending national guardsmen to protect the Capitol.

“I know that he cares for the safety of Tallahassee and the Capitol Complex as much as I do as well,” said Dailey.

The guards’ deployment order runs through Sunday night, but law enforcement told us the length of the deployment is being reassessed every day.

According the the City of Tallahassee, no one has requested a permit to demonstrate on Inauguration Day.

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Rebekah Jones Bonds Out of Leon County Jail

January 18th, 2021 by Jake Stofan

Former department of health employee Rebekah Jones posted bond Monday morning after turning herself in to authorities Sunday night.

Jones is accused of accessing a state emergency alert system and taking confidential information from the department of health.

There were three messages police attribute to Jones.

All of them urged Department of Health employees to ‘speak out before another 17,000 are dead’.

“You have been charged with a third degree felony,” said Judge John Cooper at Jones’ first court appearance.

The state requested she be prohibited from accessing the internet as a condition of her release.

“It’s literally trying to kill a gnat with an axe. It’s simply not practical,” said Jones’ Attorney John Baptiste while arguing against the state’s terms.

The judge declined to prohibit her from internet access across the board.

He set her bail at $2,500 on the condition she not access any state computer systems.

“My point is to ensure that she doesn’t do anything through the internet that is illegal,” said Cooper.

Police confiscated Jones’ computer during a search of her home in December.

In the probable cause affidavit police said they found evidence on Jones’ computer that linked her to the messages.

They also said they found she had downloaded confidential contact information for more than 19,000 people.

Jones is also facing a cyber stalking charge from 2019.

Her latest arrest violated a plea deal that had been previously agreed upon.

Upon her release, Jones had little to say about the charges, but did tell reporters she had tested positive for COVID after entering the jail.

“I just wanted to tell you guys to make sure you take care of your own health. COVID is by no means over and we’re still going to be dealing with this virus for a lot longer,” said Jones.

Jones faces a maximum of six years in prison.

Her lawyer vowed to vigorously fight the charges.

She’s armed with a deep wallet, having raised more than half a million dollars between two Gofundme accounts.

Jones was fired from the Department of Health in May of 2020 for what the state described as ‘insubordination’.

Jones has claimed she was fired for refusing to manipulate COVID statistics put out by the state.

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