Legal Updates

PAIN MANAGEMENT CLINICS The 2nd District Court of Appeal has overturned a lower court decision that Florida’s law governing pain management clinics was unconstitutional. At issue was the requirement that all pain management facilities must be registered with the state.

GOOD SAMARITAN LAW The 1st District Court of Appeal has ruled in favor of an inmate who invoked Florida’s Good Samaritan law. The man called 911 after an acquaintance overdosed on heroin. The man sought help for the victim but became belligerent when the first responders arrived. Police arrested the man after finding drugs in the house. The Court ruled that the law requires a person to render medical aid under the law and that the man did meet the established requirements. As a result, he was cleared of this charge and will be resentenced for drug possession.

RED LIGHT CAMERA CLASS ACTION The 5th District Court of Appeal has confirmed the lower court ruling that a class action lawsuit would not be confirmed in a case involving the City of Orlando’s use of red light cameras. The court ruled the voluntary payment defense was applicable in that voluntarily remitted amounts are not subject to reimbursement under the law.

NURSING HOME SHUT DOWN The 1st District Court of Appeal has upheld the decision by the Agency for Health Care Administration to shut down the nursing home made infamous after Hurricane Irma when the air conditioning system failed, resulting in the deaths of 12 residents in Broward County.