Legal Updates

DOCS VS GLOCKS As previously reported, the 11th U.S. Circuit Court of Appeals had been requested to vacate their decision ruling “Docs vs. Glocks”  constitutional.  The law prohibits doctors from asking questions regarding gun ownership.  The previous decision came on a 2-1 vote, but the full eleven member Court will now hear arguments and issue a ruling.  As a result of this action, the previous stay will remain in force.

CREDIT CARD SURCHARGES We previously reported on a case involving credit card surcharges which are prohibited by State law.  The 11th Circuit Court of Appeals has rejected the State of Florida’s request for a full court review of the panel’s decision rendering the law unconstitutional.  The panel ruled the law barring retail surcharges restricts merchants’ rights to free speech.

SEMINOLE TRIBE GAMING LAWSUIT In a blow to Attorney General Pam Bondi, a U.S. District Court judge refused to dismiss a lawsuit brought by the Seminole Indian Tribe.  The Tribe alleges the State negotiated in bad faith regarding the renewal of the gaming compact and asks the judge to continue to allow card games at their facilities.  The judge consolidated the two competing lawsuits and scheduled a trial for July.

NOISE ABATEMENT SUIT Fort Lauderdale residents have filed a class action suit in federal court in an effort to curtail noise from the airport’s new runway.  In response to the suit, Spirit Airlines stated that airports are regulated by the federal government and that any state rules or regulations regarding noise have no impact on the airport.

ABORTION WAITING PERIOD   The First District Court of Appeals heard arguments on February 9th concerning a 2015 law which required a 24-hour waiting period before an abortion could be performed.  A circuit court judge had issued an injunction prohibiting the enforcement of the law one day after it took effect.

REDISTRICTING APPEAL After a four-year political and legal battle, the Senate announced that it would not appeal the ruling of a Leon County circuit court judge setting the boundaries of the forty Senate districts.

MARIJUANA NURSERIES In the seemingly never ending saga of low-THC marijuana for medical uses, three nurseries have filed suit in Leon County Circuit Court seeking to stop the State from authorizing the five selected growers to begin production.  The suit requests an injunction until the appeals filed with the State Administrative Court are resolved.

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