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

  • Fraudulent Emotional Support Animals Limited by New Florida Law I’ve posted about Emotional Support Animals (“ESA”) before, see my posts here , here and here.   I keep coming back to this topic because emotional support chickens, peacocks on planes and little dogs at the grocery store (a common sight in Florida during the winter season) fascinate me.   Now comes news that Florida Governor Ron DeSantis has signed into law a bill that may end up limiting ESAs at your local condo complex. SB 1084 , was signed by Gov. DeSantis... More
  • Return to Work for COVID19 Positive Employees? With talk about allowing some businesses to reopen, employers will need to plan for employees to return to in-person work.   Some of those employees will likely be those who have previously tested positive for COVID19. See this post from Fox’s  Randall C. Schauer, explaining the guidance for how and whether to bring COVID19 positive employees back to work.  ... More
  • Fox Rothschild Coronavirus Resource Center Fox Rothschild LLP has established a coronavirus resource center.  If you have questions regarding new paid sick leave obligations, whether your business is essential or not, or how to address data protection obligations while you work from home, please check our resource center. The resource page will be updated frequently with links to free webinars, alerts and blog posts. Bookmark this page and visit regularly for new and updated information.... More
  • NJ Employers May Have to Cover Medical Marijuana Reimbursement for Those on Workers’ Compensation See this post by Fox’s Kenneth A Rosenberg and Nicole D. Espin regarding recent developments in workers’ compensation law in New Jersey. Two recent developments may lead to New Jersey employers being required to reimburse the cost of medical marijuana for workers’ compensation recipients. In a case of first impression, New Jersey’s Appellate Division, in Vincent Hager v. M&K Construction, affirmed a July 2018 order handed down by a workers’ compensation judge requiring an employer to reimburse the cost of medical marijuana used... More
  • Florida Hotels and Motels Need to Be on the Alert for Sex Traffickers According to the American Hotel & Lodging Association, Florida has more than 440,000 hotel rooms and more than 3700 hotel properties.  Those numbers are not surprising considering Florida is number 2 for tourists visits in America.  Yet, among the sunny beaches and palm trees there lurks a dark side of Florida’s tourism industry – human trafficking.   For example, while Miami recently hosted the SuperBowl , officials, volunteers and law enforcement were on the alert for human trafficking. While the  Federal Trafficking Victims... More
  • 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
  • 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
  • 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
  • Changes in Florida’s Medical Marijuana Leadership See this post by Dori K. Stibolt regarding the abrupt resignation of the Director of Florida’s Office of  State of Florida’s Medical Marijuana Use.... More
  • Florida Medical Marijuana – Citrus Preference Licensing Litigation Florida’s citrus industry has been ailing and declining for years.  Florida’s recent medical marijuana regulations were designed to help, in part, by providing two medical marijuana licenses for the citrus industry to switch from growing oranges to marijuana. As I’ve posted before, Florida medical marijuana licensing regulations have been the subject of repeated litigation challenges.  See posts here, here and here.  Now, the most recent challenge involves this citrus preference rule. Louis Del Favero Orchids (“Orchids”) is challenging the rule.  The orchid company argues that the rule... More
  • Breaking News – Florida’s Ban on Smoking Cannabis is Ruled Unconstitutional After a closely watched one day trial last week, Judge Karen Gievers issued a 22 page Order and Final Judgment.  Judge Gievers found that the legislation which implemented Amendment 2 (medical marijuana) is unconstitutional because it conflicts with the language of the constitutional amendment itself. Section 381.986, Florida Statutes (2017) unconstitutionally restricts rights that are protected in the [Florida] Constitution, and so the statutory prohibition against the use of smokeable marijuana permitted by [a] qualifying patient is declared invalid and unenforceable. Qualifying patients... More
  • Florida Medical Marijuana – Litigation Update Grow Your Own Case Recently, I posted about a Leon County, Florida Court case in which the Judge found in favor of a medical marijuana patient who sought permission to grow his own medical marijuana because he needed the raw plant for the treatment his state-certified doctor had prescribed to him for his stage 4 lung cancer.  Medical cannabis dispensaries in Florida do not provide raw plant product.  Following that Court Order, Florida’s Department of Health filed an appeal. The First District Court... More