Legal Update

DOCS VS. GLOCKS In February, the 11th U.S. Circuit Court of Appeals struck down a 2011 law prohibiting doctors from discussing firearms with their patients, declaring it unconstitutional.  The deadline for the state to appeal this ruling has now passed. The court determination invalidating the law stands.

MEDICAL MARIJUANA INVESTORS The 1st District Court of Appeal has ruled that the identities of medical marijuana business investors and partners are a matter of public record.  In 2015, two nurseries requested the Department of Health treat this information as trade secrets, which would shield the information from the state’s sunshine laws.  The Department agreed, but a citizen filed a complaint with the Leon County Circuit Court, initiating the legal review.

FSU CODE OF CONDUCT A second amendment rights group has asked the 1st District Court of Appeal to direct Florida State University to revise its student code of conduct provisions to bring it in line with current Florida law.  The issue involves the storage of firearms in cars.  While the state continues to bar the carrying of firearms on campuses, the storage of guns is allowed.  The group is seeking a court order for FSU to explain the storage exemption within their student code of conduct.

MEDICAL RECORDS FEES   In 2015, the Board of Medicine approved changes to the fee structure that patients pay for medical records.  The new fee would be a uniform $1 per page.  The previous fee was $1 for the first 25 pages and $0.25 for each page thereafter.  The adjustment was appealed to the Division of Administrative Hearings by a private citizen and a law firm and then to the 1st District Court of Appeal, who both ruled in favor of the Board.  The plaintiffs have filed a notice of their intent to appeal to the Florida Supreme Court.

PRE-REVEAL GAMING DEVICES We previously reported on a Leon County Circuit Court decision that the popular pre-reveal machines used in bars, convenience stores, and other similar facilities did not violate slot machine laws even though they showed the result before patrons inserted money.  The Seminole Tribe asked the judge to reconsider his decision. The judge reversed his decision on June 17th and declared them slot machines under existing law, thereby making them illegal.

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