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Petition against DOH filed by Fla. school systems dismissed

Posted at 1:58 PM, Nov 05, 2021
and last updated 2021-11-05 14:00:41-04

TALLAHASSEE, Fla. — Deputy Chief Judge Brian Newman signed an order Friday, Nov. 5 dismissing the petition filed against the Department of Health by six Florida school boards, including Leon County.

The original petition was filed on Oct. 6 and challenged two part of the state's emergency rule which allows parents the right to opt their child out of mask wearing and quarantining.

When the original petition was file, parental rightsAttorney Jamie Cole stated:

"It's not their job ... to issue rules as to anything outside of controlling communicable diseases. A rule that says parents have to have the sole discretion to opt their kids out of a mask mandate does not control COVID. If anything, it results in less children wearing masks, which will result in more spread of COVID."

However, Friday's dismissal stated that the Department of Health "did not exceed its grant of rulemaking authority or enlarge, modify or contravene the law implemented."

Below is the full PDF of the order:

Doah Final Order by WTXL ABC27 on Scribd