Constitutional Law

Advisory Opinion to the Attorney General Re Use of Marijuana for Debilitating Medical Conditions

The initiative petition seeking to create a new constitutional provision allowing medical use of marijuana embraces a single subject in accordance with article XI, section 3 of the Florida Constitution and its accompanying Financial Impact Statement complies with section 100.37(5), Florida Statutes (2015).  Advisory Opinion to the Attorney General Re Use of Marijuana for Debilitating Medical Conditions, 181 So.3d 471 (Fla. Dec. 17, 2015).

 

Blue Cross Blue Shield of Florida, Inc. v. Outpatient Surgery Center of St. Augustine

Section 408.7057, which requires the Agency for Health Care Administration to establish a program to provide assistance for the resolution of disputes between health plans and health care providers does not violate 1) the right of access to courts, 2) the non-delegation doctrine, 3)due process, or 4) the right to jury trial because either party has the right to opt out. Blue Cross Blue Shield of Florida, Inc. v. Outpatient Surgery Center of St. Augustine, 36 F. L. W. D805 (Fla. 1st DCA April 15, 2011).

Cohn v. Grand Condominium Association, Inc.

Trial court properly ruled that amendment making retroactive section 718.404(2), which established that in mix-used condominiums with fifty percent or greater residential composition, the residential unit owners must be entitled to vote for a majority of seats on the board of directors was unconstitutional as applied because the Declaration did not contain “as amended from time to time” language. Cohn v. Grand Condominium Association, Inc.,62 So.3d 1120 (Fla. 3d DCA March 31, 2011).

Florida Constitution. Kauffman v. Community Inclusions, Inc.

The 1999 amendment to section 440.34 deleting “reasonable” before “attorney’s fees” and limiting them to a percentage of benefits obtained applies regardless of whether the fee is awarded or approved by the JCC and does not violate the equal protection, due process, separation of powers, or access to courts provisions of the Florida Constitution. Kauffman v. Community Inclusions, Inc., 57 So.3d 919
(Fla. 1st DCA March 23, 2011).

Loading...