Blogs

South Florida Trial Practice
To successfully navigate South Florida’s court system, it’s key to have a trusted team of experienced trial litigators to help you tackle complex legal issues throughout the region. Dori is the editor and a regular contributor to the South Florida Trial Practice blog. She posts on topics related to employment discrimination and harassment, including new court decisions and legislation, compliance, best practices, interesting trends in workplace relations and employment-related issues affecting Florida employers.

In the Weeds
Dori is a frequent contributor to In the Weeds, a blog that aims to help keep today’s cannabis entrepreneur well-informed.

Recent Blog Posts

  • Florida Rolls Out New CBD Regulations in 2020 See this post by Dori K. Stibolt regarding the new regulations governing CBD in Florida.... More
  • In 2020 CBD Retailers Must Comply with New Florida Regulations Happy New Year!  Notwithstanding that Cannabidiol (“CBD”), in various forms, has been for sale in Florida for years, 2020 is bringing new Florida rules and regulation to that marketplace. Starting in January 2020, Florida’s Department of Agriculture now has the power to regulate and inspect CBD  products and wholesale and retail facilities that prepare and/or sell prepackaged food consisting of or containing hemp extract, which includes CBD or other cannabinoids, to the end consumer or that sell that product to other businesses. As... More
  • Can Employers in Florida Discriminate Against Smokers? I was listening to NPR this morning, and they had a news story about more and more employers telling smokers that they “need not apply.”    These nicotine based employment hiring bans include government employers and private employers. I posted about this topic all the way back in 2013.  Listening to the news this morning peaked my interest, so I went back to check my prior blog post and to determine if its still legal to not hire smokers in Florida.   This is... More
  • Fox Rothschild Publishes National Survey on “Medical Marijuana in the Workplace” Pleased to announce that Fox Rothschild has published  a “National Survey on Marijuana in the Workplace and Drug Testing Laws,” this state-by-state guide will help businesses navigate complex and sometimes thorny issues regarding medical marijuana use by employees and employee drug testing issues. This survey was prepared by myself and Joseph A. McNelis III.   Joe and I will be working hard to keep this survey updated as the laws change. See the Survey which is posted at Fox’s In the Weeds. Dori K. Stibolt is... More
  • Florida’s Minimum Wage Rate Will Rise by Ten Cents in 2020 I’m wearing tights today (temps are in the 60s), so that must mean it might be time for the annual end of the year Florida minimum wage rate change. As of January 1, 2020, Florida’s minimum wage will rise from the current rate of $8.46 per hour to $8.56. Under Florida Statute § 448.110 4(a) and (b), the Florida Department of Economic Opportunity must calculate Florida’s minimum wage based upon the increase, if any, in the Federal Consumer Price Index for Urban Earners and... More
  • How Will the MORE Act Impact Florida’s Medical Marijuana Biz? The Marijuana Opportunity Reinvestment and Expungement Act, or the MORE Act — described by its sponsors as the most comprehensive reform bill to date — would decriminalize cannabis by removing it from the list included in the Controlled Substances Act. The bill would also retroactively allow for federal expungement of all past and pending convictions for marijuana possession. States would then set their own policies. I recently spoke with Miami New Times‘  Kristine Gill about the MORE Act and its potential to impact the Florida... More
  • Employee Drug Testing Post Medical Marijuana In 2016, Florida voters passed Amendment 2 which legalized medical marijuana in Florida.  Two years later, employers are adapting to the idea of employees who use medical marijuana under the care of a doctor.  I recently spoke with Florida Weekly about drug testing policies for Florida employees.  See the article for more information. Dori K. Stibolt is a partner with the law firm of Fox Rothschild LLP.  Dori defends and counsels management in labor and employment litigation matters pertaining to wage and overtime claims, discrimination, harassment,... More
  • Cannabis Use by Employees – a Rapidly Evolving Issue As the laws involving cannabis use – for both medicinal and recreational purposes – evolve, businesses must figure out how to operate in a changing environment.  I was happy to share my thoughts on managing cannabis use by employees with Area Development.  See the article for more information on this rapidly changing area of the law. Dori K. Stibolt is a partner with the law firm of Fox Rothschild LLP.  Dori defends and counsels management in labor and employment litigation matters pertaining to... More
  • It Is Now Legal to Smoke Medical Marijuana in Florida Florida finally legalizes smokable medical marijuana.  See my post at Fox’s In the Weeds. Dori K. Stibolt is a partner with the law firm of Fox Rothschild LLP.  Dori defends and counsels management in labor and employment litigation matters pertaining to wage and overtime claims, discrimination, harassment, retaliation, leave/restraint, and whistle-blower claims.  You can contact Dori at 561-804-4417 or [email protected] More
  • Florida Approves Smokable Medical Marijuana Florida Governor Ron De Santis signed SB182 into law yesterday.  SB182 redefines medical use of marijuana to include possession, use or administration of marijuana in the form of smoking. The new law also triggered the dismissal of an appellate court action regarding the constitutionality of Florida’s medical marijuana law which previously banned the smoking of medical marijuana. Notwithstanding the new law legalizing smokable medical marijuana it will take time for dispensaries to start selling it, since the Florida Department of Health will have to institute... More
  • Florida Employers Reconsider Drug Testing in the Age of Medical Marijuana I was happy to speak with I was happy to speak with Jeff Ostrowski at The Palm Beach Post regarding how to manage Employee medical marijuana use and drug testing trends two years into Florida’s legalized medical marijuana program.   See his helpful article on this topic.   Dori K. Stibolt is a West Palm Beach, Florida based partner with Fox Rothschild LLP.  She focuses her practice on litigation and labor and employment issues and has taken a special interest in the cannabis business.  You... More
  • How to Avoid ADA Title III Website Cases that Target Hotels & Motels As I posted last year, the next wave of Americans with Disabilities Act (“ADA”) Title III litigation was going to focus on hotels and motels and their reservation systems.  And, I was right. These cases are primarily focused on the hotel’s reservation system and how detailed the hotel’s web site describes the ADA accessible rooms and the facility. As previously explained,  these cases are being brought pursuant to 28 CFR 36.302(e) which provides: (1) Reservations made by places of lodging. A public accommodation that owns,... More
  • Big Changes on the Horizon for Medical Marijuana in Florida Despite the fact that oral arguments were just held in the appellate case involving the State of Florida’s appeal of a court decision legalizing smoking medical marijuana, new Florida Governor has announced and hinted at big changes to Florida’s regulatory and legal structure for medical marijuana. First, Gov. De Santis recently stated that he wants Florida’s legislature to strip the ban on smoking from the medical marijuana law, but if that doesn’t happen he will drop the State’s appeal of a... More
  • Oral Arguments Held in Florida’s Medical Marijuana Smoking Case Despite the rumor that Florida’s new governor (Ron De Santis) will be friendlier to medical marijuana than Rick Scott, oral arguments were held earlier this week and the attorneys representing the State of Florida vigorously argued to uphold the current smoking ban.  Leon County Circuit Judge Karen Gievers had previously agreed with the plaintiffs and struck down the smoking ban, but her decision had been stayed after the State of Florida appealed. During oral argument, the appellate panel of judges raised... More
  • Florida Court Ruling Dismantles Restrictive Medical Marijuana License Law Florida’s medical marijuana regulations and laws have been the subject of repeated litigation ever since Amendment Two was passed by voters in 2016.  A recent Florida Court Opinion has ruled in favor of Plaintiffs seeking to expand Florida’s restrictive vertical license law (which requires the license holder to grow, distribute and sell medical marijuana). Leon County Circuit Judge Charles Dodson ruled that the cap on the number of “medical marijuana treatment centers, (MMTC)” ran afoul of Amendment Two which had no... More