Professional Documents
Culture Documents
FDOH Vs Florigrown Supreme Court Ruling 05272021
FDOH Vs Florigrown Supreme Court Ruling 05272021
____________
No. SC19-1464
____________
vs.
PER CURIAM.
injunction.
-2-
In its decision partially upholding the injunction, the First
importance:
District’s decision.
BACKGROUND
-3-
Const. The Amendment requires the Department to “issue
-4-
Amendment and the Department’s regulations. Id. § 29(a)(3).1 It
-5-
or severe and persistent muscle spasms.” § 381.986(2), Fla. Stat.
-6-
381.986(2), Fla. Stat. (2016). In contrast, the Amendment allows
include a more expansive set of conditions than the prior law and
not limited to patients who are terminally ill. Art. X, § 29(b)(1), Fla.
Const.
law that are most pertinent to this proceeding are the following:
-7-
2. The department shall license as medical
marijuana treatment centers 10 applicants that meet the
requirements of this section, under the following
parameters:
-8-
medical marijuana treatment centers that meet the
requirements of this section. Thereafter, the department
shall license four medical marijuana treatment centers
within 6 months after the registration of each additional
100,000 active qualified patients in the medical
marijuana use registry that meet the requirement of this
section.
....
(e) A licensed medical marijuana treatment center
shall cultivate, process, transport, and dispense
marijuana for medical use. A licensed medical marijuana
treatment center may not contract for services directly
related to the cultivation, processing, and dispensing of
marijuana or marijuana delivery devices, except that a
medical marijuana treatment center licensed pursuant to
subparagraph (a)1. may contract with a single entity for
the cultivation, processing, transporting, and dispensing
of marijuana and marijuana delivery devices.
-9-
registered in Florida, and the Department had not issued MMTC
under section 381.986 that would allow new entities to apply for
MMTC licensure.
preference.
- 10 -
the absence of a temporary injunction, and (4) that the injunction
would serve the public interest. The trial court concluded that
court also found that Florigrown has no adequate remedy at law for
further found that Florigrown had failed to show that the denial of
still “have the ability to apply and compete for one of the remaining
As for the public interest, the trial court observed that “[a]n
- 11 -
time would substantially alter the status quo by halting the
time may alter” the findings concerning irreparable harm and the
since entry of the earlier order, the trial court entered a temporary
- 12 -
injunction requiring the Department to immediately stop registering
weeks unless the Department could show before that deadline that
prior order. The trial court determined that the injunction was in
appealed to the First District. The First District agreed with the
- 13 -
2019 WL 2943329, at *2-*5. As a result, over a dissent, the First
unconstitutional.” Id. at *1. The First District did not find it in the
uphold the safety of the public” and, therefore, explained that it was
4019919, at *1.
- 14 -
We accepted review and, for the reasons explained below, now
ANALYSIS
the negative and, beyond that, challenges almost every aspect of the
trial court’s order. Florigrown defends all aspects of the trial court’s
granted only when the party seeking the injunction has established
relief); Reform Party of Fla. v. Black, 885 So. 2d 303, 305 (Fla. 2004)
- 15 -
court’s factual findings on these elements for competent,
Gainesville Woman Care, LLC v. State, 210 So. 3d 1243, 1258, 1265
available conflicts with the Amendment; and (3) that three aspects
corporation.
- 16 -
All of these claims present issues of statutory or constitutional
1078 (Fla. 2020); Israel v. DeSantis, 269 So. 3d 491, 495 (Fla.
2019). To the extent the claims involve issues of fact, we review the
record. St. Vincent’s Med. Ctr., Inc. v. Mem’l Healthcare Grp., Inc.,
- 17 -
courts are without authority to declare legislative acts invalid.”
Savage v. Bd. of Pub. Instr. for Hillsborough Cty., 133 So. 341, 344
Vertical Integration
- 18 -
A licensed medical marijuana treatment center shall
cultivate, process, transport, and dispense marijuana for
medical use. A licensed medical marijuana treatment
center may not contract for services directly related to the
cultivation, processing, and dispensing of marijuana or
marijuana delivery devices, except that a medical
marijuana treatment center licensed pursuant to
subparagraph (a)1. may contract with a single entity for
the cultivation, processing, transporting, and dispensing
of marijuana and marijuana delivery devices.
The trial court and the First District concluded that section
- 19 -
the vertical-integration requirement. Article X, section 29(b)(5) of
transport, and dispense marijuana for medical use” and “may not
- 20 -
nowhere says that any entity that performs one of the listed
- 21 -
not simply putting an entity’s name on a list as a business that
that the right to register does not result directly from the
- 22 -
ensure proper security, record keeping, testing, labeling, inspection,
for Debilitating Med. Conditions, 181 So. 3d 471, 477 (Fla. 2015).
- 23 -
Amendment. Accordingly, the vertical-integration requirement of
Florigrown argues, and the lower courts agreed, that Florigrown has
Fla. Const. These rulings are not based on a direct conflict between
any constitutional language and the statute. They are based partly
- 24 -
unreasonable in light of the Amendment’s purpose. We disapprove
- 25 -
When the trial court issued the temporary injunction in this
also is no limit, and there has not been a limit, on the size of a
- 26 -
dispensing facility or on the amount of medical marijuana each
time of the trial court’s decision and the seven others that could
marijuana that can be produced and sold per MMTC, the trial
support.
high prices when they do find the products they need, and lack of
- 27 -
in light of testimony by Florigrown’s witnesses that the troubles
revealed in these affidavits are consistent with what they have seen
that the Department has found that Florida needs 1,993 MMTCs to
- 28 -
Florigrown’s motion for a temporary injunction, the registry of
at the time of the trial court’s order. And, in any event, because the
MMTC could operate has now expired, any claim that medical
patients.
- 29 -
that others have sold their licenses for exorbitant amounts of
infirmity in the statute’s allowance for the sale of licenses, and any
marijuana.
Special-Law Challenge
- 30 -
1. As soon as practicable, but no later than July 3,
2017, the department shall license as a medical
marijuana treatment center any entity that holds an
active, unrestricted license to cultivate, process,
transport, and dispense low-THC cannabis, medical
cannabis, and cannabis delivery devices, under former s.
381.986, Florida Statutes 2016, before July 1, 2017, and
which meets the requirements of this section. . . .
- 31 -
applicants that demonstrate in their applications that
they own one or more facilities that are, or were, used for
the canning, concentrating, or otherwise processing of
citrus fruit or citrus molasses and will use or convert the
facility or facilities for the processing of marijuana.
§ 381.986(8)(a).
statute must have two features: (1) it must be either a special law or
adopted is illegal.” State ex rel. Landis v. Harris, 163 So. 237, 240
- 32 -
(Fla. 1934) (citation omitted). Additionally, in consideration of the
either notice or a referendum, see art. III, § 10, Fla. Const., this
State ex rel. Gray v. Stoutamire, 179 So. 730, 733 (Fla. 1938).
Orlando Kennel Club, Inc., 434 So. 2d 879, 881 (Fla. 1983)); see also
Ass’n, Inc., 967 So. 2d 802, 806 (Fla. 2007). Even if the law is
- 33 -
statewide purpose. See R.J. Reynolds Tobacco Co. v. Hall, 67 So. 3d
1084, 1090-92 (Fla. 1st DCA 2011) (finding a law general where it
of proving otherwise.
particular law indicated that the law was special. E.g., Ocala
Breeders’ Sales Co. v. Fla. Gaming Ctrs., Inc., 793 So. 2d 899, 901
- 34 -
special law. See, e.g., Schrader, 840 So. 2d at 1056 (upholding a
open class of entities that may be eligible for MMTC licensure and,
- 35 -
registering MMTCS and issuing patient and caregiver identification
that had already been through the application process for becoming
- 36 -
“grandfather” the dispensing organizations and prior applicants into
- 37 -
legislative scheme was an improper approach to the question of
1069.
- 38 -
ten licenses have been issued under section 381.986(8)(a)2.,
wishes to apply for a license in the future may do so, and may
marijuana industry. The fact that other entities may join the class
change means that the class is open and the law general. Cf. City
that a law was not special where it was applicable to only one
county when it was enacted but where other counties were expected
to meet the criteria to join the class in the future); Classic Mile, 541
- 39 -
Thus far in our special-law analysis, we have addressed only
Instr. for Hillsborough Cty., 136 So. 631, 631 (Fla. 1931). Therefore,
- 40 -
properly viewed in isolation, is a special law enacted in the guise of
a general law. 3
CONCLUSION
- 41 -
It is so ordered.
- 42 -
general law of local application; and (2) the law grants a privilege to
Med. Ctr., Inc. v. Seeger, 990 So. 2d 503, 512 (Fla. 2008). The
a closed class is a special law. Fla. Dep’t of Bus. & Prof’l Reg. v.
Gulfstream Park Racing Ass’n, Inc., 967 So. 2d 802, 809 (Fla. 2007)
result, the statute was a special law); St. Vincent’s Med. Ctr., Inc. v.
- 43 -
Mem’l Healthcare Grp., Inc., 967 So. 2d 794, 802 (Fla. 2007)
the future); Ocala Breeders’ Sales Co. v. Fla. Gaming Ctrs., Inc., 793
So. 2d 899, 901 (Fla. 2001) (holding that a statute was a special law
3 (Fla. 1946) (holding that a statute that applied to any county with
- 44 -
The use of a closed class in a statute is “no different” from
the statute a special law under a definition this Court has used
since at least the early 20th century, in that the law “relate[s] to, or
Miami v. McGrath, 824 So. 2d 143, 148 (Fla. 2002) (quoting State ex
rel. Landis v. Harris, 163 So. 237, 240 (Fla. 1934)). There has been
any that undermine this understanding of what a special law is. Cf.
intention is expressed).
the statute’s purpose and the closed class nor the operation of the
- 45 -
the character of a statute from special to general when the statute
these two attributes. And, neither any participant in this case nor
the majority has cited any precedent of this Court to the contrary.
Instruction for Hillsborough Cnty., 136 So. 631, 631-32 (Fla. 1931).
This Court has also cited the reasonable relation between an open
- 46 -
between the classification in the statute and the classification it
determination that the statute at issue was not a special law was
that the classification at issue was “open and ha[d] the potential of
Comm’n, 165 So. 2d 762, 763 (Fla. 1964) (holding that an act
granting licenses for harness racing was a general law “[b]ecause all
Court has held that a statute using a closed class of private entities
statute’s purpose. 4
- 47 -
Such a holding would nullify the constitutional prohibition
protection, see Jackson v. State, 191 So. 3d 423, 426 (Fla. 2016).
So. 3d 1137, 1143 (Fla. 2014). The exception to this rule exists in
See, e.g., Schrader v. Fla. Keys Aqueduct Auth., 840 So. 2d 1050,
Keys); St. Johns River Water Mgmt. Dist. v. Deseret Ranches of Fla.,
Inc., 421 So. 2d 1067, 1069 (Fla. 1982) (statute creating a water
- 48 -
Fla. State Turnpike Auth., 80 So. 2d 337, 343-44 (Fla. 1955) (statute
Port Auth., 21 So. 2d 139, 140 (Fla. 1945) (statute authorizing the
ex rel. Gray v. Stoutamire, 179 So. 730, 733 (Fla. 1938). And, we
Schrader, 840 So. 2d at 1056; see Fla. State Turnpike Auth., 80 So.
- 49 -
general even though they operate on closed classes is that the
are not aspects of the fabric of the state. They are not property of
for the state); St. Vincent’s Med. Ctr., 967 So. 2d at 804, 809
separate class of applicants that is open and may compete for the
- 50 -
licenses designated for that class does not change the analysis of
is. Under the majority’s holding, the Legislature can avoid the
open, even contingent, class. See DeBary Real Estate Holdings, LLC
v. State Dep’t of Bus. & Prof’l Regulation, 112 So. 3d 157, 165 (Fla.
1st DCA 2013), rev’d on other grounds sub nom. License Acquisitions
2014). We should not cast article III, section 11(a)(12) aside and
section 381.986(8).
argument that the class is not closed because any entity can sell its
license once the license is obtained. The idea is that anyone can
- 51 -
obtained their licenses under those provisions. This argument, of
valuable commodity.
entities can qualify for the licenses designated for these entities.
(Leon County)
- 52 -
Colleen Ernst, Executive Office of the Governor, Tallahassee,
Florida; Louise Wilhite-St. Laurent, Florida Department of Health,
Tallahassee, Florida; and Jason Gonzalez, Daniel Nordby, Amber
Nunnally, and Rachel Procaccini of Shutts & Bowen LLP,
Tallahassee, Florida,
for Petitioner
for Respondent
- 53 -
Amicus Curiae Liner Source, Inc.
- 54 -