Legal Updates

TELEMARKETERS The U.S. Court of Appeals for the Eleventh Circuit has issued rulings on a case originating in the Middle District of Florida. The cases concerned the unwanted and unsolicited telephone calls we all endure. The Appeals Court ruled in favor of the plaintiffs and opens the door to future litigation against telemarketers.

RECREATIONAL POT AMENDMENT The Florida Supreme Court has scheduled a May 6th hearing to review the proposed constitutional amendment to allow the recreational use of marijuana in the state. While the proponents did not meet the required petition signature deadline, the group in now targeting the 2022 ballot.

STYROFOAM CONTAINERS The City of Coral Gables has been fighting since 2016 to enforce an ordinance which banned the use of Styrofoam food containers. The Third District Court of Appeal upheld as constitutional a state law which preempted such actions to the State. The City appealed to the Florida Supreme Court, which recently declined to take up the case.

JUVENILE SENTENCING The Florida Supreme Court has reversed a previous, long standing decision by a 4-1 vote that juveniles can be sentenced to terms longer than 20 years in prison without the opportunity for early release.

MARIJUANA GROW LICENSES The First District Court of Appeal has ruled against an orchid grower who sought to overturn the Department of Health rules authorizing licenses for certain marijuana growers. The grower wanted to apply for a license, but the Court ruled that the grower had no standing as he was not a part of the original settlement agreement between the DOH and private firms.