Legal Updates

RED FLAG LAW Florida’s red flag law, which allows judges to order the disarming of potentially dangerous individuals suffering from mental health issues, may be unconstitutional. The U.S. Supreme Court has issued a unanimous ruling regarding a similar law in another state. The Court ruled that gun seizures would be unconstitutional in that it would violate the Fourth Amendment.

BIDEN IMMIGRATION POLICIES Attorney General Ashley Moody has appealed a recent ruling by a federal judge to the 11th Circuit Court of Appeals along with other states’ attorneys general. The judge had dismissed the state’s lawsuit attempting to block several of the Biden administration’s immigration enforcement policies, which the state argued are too lenient.

PESTICIDE DENIED A federal court has rejected the U.S. Environmental Protection Agency’s approval to use a pesticide on Florida’s citrus groves. The pesticide was previously discontinued in the U.S. after it failed EPA tests. Three consumer groups sued to stop its reintroduction. Agriculture Commissioner Nikki Fried had previously blocked its usage in Florida.

SEMINOLE COUNTY RURAL BOUNDARY Former State Representative Chris Dorworth has lost his bid to develop property outside the rural boundary line for Seminole County. Dorworth sought to build 1,370 homes and 1.5 million square feet of commercial and office space. A federal judge ruled the County was correct to deny the zoning change.

CIVIL COURT RECORDS The Florida Supreme Court has issued new guidance regarding civil court records. Previous rules required clerks of court to review civil court filings in order to shield private information, such as social security numbers. The Court, in an effort to provide more public access, had changed the rule and will release the clerks from this obligation. It will now be up to attorneys who file such documents to redact such information.

REMOTE LAWYERS The Florida Supreme Court determined that a New Jersey attorney working remotely in Florida for a New Jersey law firm was not engaging in the unlicensed practice of law in Florida. The ruling allows the attorney to continue with his Florida cases.