imediad.publicbroadcasting.net/p/wusf/files/201804/joe... · 2018-04-11 · or . bk: 5181 pg: 666 ,...

20180021466 ELECTRONICALLY RECORDED IN THE PUBLIC RECORDS OF LEON COUNTY, FL BK: 5181 PG: 665 04/11/2018 at 12:10 PM GWEN MARSHALL, CLERK OF COURTS

1'

IN THE CIRCUIT COURT OF THE SECOND .roDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA

JOSEPH REDNER, an individual,

Plaintif(,

v. Case No: 2017~CA-002403

FLORIDA DEPARTMENT OF HEALTH, I

Defendant. I --------------

DEFENDANT'S NOTICE OF APPEAL

NOTICE IS GIVEN that Defendant Florida Department of Health appeals to the First

District Court of Appeal, the final judgment entered in favor of Plaintiff Joseph Redner rendered

on April 11, 2018. The nature of the order is an appealable final order granting declaratory and

injunctive relief A conformed copy of the final judgment is attached hereto.

The timely filing of this Notice of Appeal automatically operates as a stay of the final

judgment pending appellate review. Fla. R. App. P. 9 .31 0(b )(2).

Isl Jason Gonzalez JASON GONZALEZ Florida Bar No: 146854 AMBER STONER Florida Bar No: 109281 SHUTTS & BOWEN LLP 215 South Monroe Street, Suite 804 Tallahassee, Florida 32301 Phone: (850) 521-0600 Facsimile: (850) 521-0604 Primary E~mail: J [email protected] Ambers [email protected] Secondary E~Mail: [email protected]

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. , CASE NO. 2017-CA-002403

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of this document was served via the E-Filing Portal

this 11 th day of April, 2018, to the following:

Amanda L. Derby, Esquire 1055 West 81st Place Los Angeles, CA 90044 [email protected]

Luke Lirot, Esquire Luke Charles Lirot, P.A. 2240 Belleair Road, Suite 190 Clearwater, Florida 33764 [email protected] [email protected] J [email protected]

Isl Jason Gonzalez Attorney

~2-

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Filing# 70546980 E-Filed 04/l 1/2018 11 :23:22 AM

IN THE CIRCUIT COURT OF THE SECOND -JUDICIAL CIRCUIT, -IN AND FOR LEON COUNTY., FLOR!DA

JOSEPH REDNER,

Plaintiff,

v.

DEPARTMENT OF HEALTH,

Defendant.

case No. '2017 CA 240:3

ORDER ON NON ... JURY Tl\IAL AND FINAL .JUOG'.EMINT

·THIS CAUSE came be·fore the Court on Mar.ch 21, 2018

for a .non-jury tr.ial :as to the effect of Florid-a' s

Medical Mariju9-na Ame.ndment [aoopt~d in 2016 and p1aced

in Article x, Section 29 of the Florida constitution]

on Plaintiff'· s documented r).eed. for use pf medical

marijuana. 1

Plaintiff R~dner contends that Article X, Section

29 [t:he Amendment] give:s him the right to use .medical

marijuana to pre~ent relapse of his stage-4 lung

cancer., and corrter1ds that the Amendment unarrtbi.guou·sly

1The Florida Medioal Marijuana Amendment aces not c.han:ge the fa~t- that :marijuana. rema.iri.!il unlawful to possess or use under federal la.w~ and nothing i~ thie _o:r<;ier should b.e interpreted as changing or reflecting federal .);aw,

Page 1 of 22

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allows him to follo.w his physician's prescribed method

of taking the medic-al mariji1ana, emulsifying

(''juicing") the medical marijuana bipmc:1.ss o:e t:he, piant,

dE\ltermined to .be the most effective way foz: t:his 77-

year ol-d vegan to get the be-nefit qf medical marijuana.

Plaintiff Redn.er also ·tontends that he is entitl~d

to possess, grow and use his own medical marijuana

plant ;fo.t emulsification, as the raw plant needed for

emulsification is not ·available from the "Medical

Matij uana Tr-ecitment Centers" [MMTCs] the· Department of

Health has approved for distribution of medical

marijuana. The Depa .• r.tme.nt of Health denies tha·t even

the· indi vldual qua'.L:lfying patients [ $uch as Plaintiff

R0dne-r] to whom the Amendment: applies ha:ve the right to

possess or use. the raw, growing plant, al tho'ugh the

Amendment, with its ineotporat:ed deftnition from

Section 893.02(3), Florida Statute$ (2014), prov~d~s

otherwise.

Based upon t.he cle-a.r language of the Amendment, and

the l{:lck of any credible evidenc(;} qS to why the

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Amendment should nbt be given that e.ff'ect, the Court

finds fdt the reasons set forth below~ under Florida

law, Plaintiff Redner is entitled to possessJ grow .and

use marijuana for juicing, solely for the purpose of

his emulsifying the: biomass he needs for the juicihg

protocol recomme:nded by his priysi-cian. The Court also

finds,. for the reasons set f.orth below, that the

1norida Department of tteatth has been:, and continues to

be:, non-compliant with. th.e Florida Constitutional

requirements.

1. Plaintiff seeks declaratory and injunctive

relief relating to Florida's Medical ~arijuana

Amendment, adopted as part of Florida's Constitution in

Noventber 2016 and .now found in A;rticl~ X, Section 29. of

the Florida Constitutibn.

2~ Plaintiff describe5 himself .~s a 77-year old

vegan in remission from stage-4 lung cancer. There is

no dispute that Plaintiff Redner is eligibl~ for

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rnedic~l marijuana; the Defendant Departm•nt has giv~n

him a cc:ird certifyin.g his eligibility.

3 ~ Mr. Redner sees .a marijuana doctor [Dr. Barzy

Gordon) the Department has recognized and. t.er-tified as

a prescribing medical ma+ijuana doctor pursuant to the

,r.egistration and certific~ti.on provisions of Article X,

section 29, Florida constitution.

,.Iseue J?:resantad

.4. The general underlying. issue presented is

whether the Amendmgnt allows Plaintiff to have an,<,:l us.e

his own grow;i.J).g ma:rijuana plants without being sUbjei:t

to ci\fil or criminal lia:bil'ity u~der Florida law. 2

,:'he March :21 r 201,8 Non-Ju::x Trial

5. At the March 21,. 2018, hearing, attorney Luke

Lirot appeared with Plaintiff Joseph Redner; attorneys

2 Thi!lre is 11.0 question l?:t.aint;iff remains subject to f~derctl prosecution if he po1:1sesses a cont:roiled l!!lubstan¢e such. as marijuana:. t.hi.,S, case involves deolara.bqry r.eHef as to the me!l!hing and effect on Plaipt;i:f;f of the 2016 voter adopt1Jd constitutional am,endment legalizing niedfoal marij~a11.a .use .and possessipn .under Florida law.

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Jason Gonzalez and Amber Stoner appeared fo,r the

Defendant Department. A court reporter was pr.es·ent.

6. At the outset of the trial, the parties waived

opening statements and announced their agreement that

the trial evidence would consist of the live testimony

of witnesses [Alexander Sandorf, ,Dr. Dustin. Sulak, Dr.

Barry Gordon and Jbseph Redner] giv~n at the December

2017 evidentiary hearing relat~ng ~o the injunction and

three depositipns taken on March~, 2018 ta p~eserve

trial testimony [Dr. Barry Gbrdon., Joseph Redner and

Departme·nt designated representative Courtney C:::oppo.Ia].

The pa~ties agreed to the Court takihg judicial notice

of the court file and its contents,. including discovery

exchang.ed during the Litigation and the hear:tn·g

transcript from the December 20., 2017, hearing; counsel

then delivered their closing arguments.

7. As set forth ip more de.tail herein, the t:ourt

finds that Florida'• Constitution provide• Mt. Radner's

right to g:tow his own medical marijuana so he can

fo.llow his physi.cian ''s recommendatidt1 for se;Lf-

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adi:ninister_ing his medical marijuana through the juicing

resulting from ~mul.sificatiort of the medical marij·uana

biomas·s., in the quantity Dr. Gordon recom:men.ded, eight

ounces of liquid p,er day.

8. Further, while section (d) (i) {d) of the

Constitutional Amendment requires the Depa:r.:tment to

define- "the amount of marijuana that. could reasonably

be presumed to be an adequate supply for qualifying

patients' medical use," the Department has ~till not

complied with the Constitution. The p.resumption as to

qu·antity may be "overcome with evidence of a partict,1lar

qualifying patient's appropriate medical use." Article

X, Section 29. ( d) ( 1) ( d) •

9. Until ahd unless the P.epartment stops violating_·

its bortstitutional duty and adopts the mandated

presumptive regulation, the evidence clearly

demonstrate.s that Mr. Redner is entitled to follow the

recommendations of his Cettifiec;i Physician under

Florida lawt and to possess, grow, and use his dwn

medical marijuana pla,hts in a secure manner s,o he will

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have access to the medical ~arijuana to which he is

entitled under the Amendment.

10. At the March 21, 2018, non-jury trial/summary

judgment: hearing, Plaintiff, without objection, moved

into evidence March 8, 2018, ¢eposit1ons of Plaintif1,

the Department representative, and Dr. Gordon., asked

the Court to take judicia1 notice of the testimony from

the December 20-, 2017, he·aring, the exhibits -s:ubmitted

at that hearing, and the rest -0£ the court file.

11. In their Ma.r'ch 20, 2·010, joint pre-trial

statement [D.E. 96], the parties stipulated [Qr

ihtehded to stipulate] to five issues of fact and law:

ai The text of Article x~ section 29 [th~ Medieal Marijuana Amendment known as "Amendment 2" adopted by Florida Voters in 2016];

b. The text Section 893.02(3), Flc°rida statutes (2(2)14) definition of "cannabis" incorporated into Amendment 2; 3

1In the patties' stipulated statement of section 893. 02-(:3), the parties did not cite. to the 2014 version of the statute incorporated into Amendment 2, but rather to the amended definition of ''cannabis" adopted in 2017, a definition not relevant in .this ease. The Court takes judicial notice that the correct definition o.f cannabis that c<;>ritroJ,s the issues- here is the 2014 definition incorporat;ed into and adopted with Amendment 2 in 2016.

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c. Plai,ntiff is a "qualifying patient" as defined in Article X, s~otion 29th) (10) of the Florida Con~titution. He has been diagnosed with cancer, which qualifie$ as a "debilitating medic::al condi tio.n" as defined in Ar:ticle X, Secti,on 29(b) (l)t Florida Constitution.

d. Pl·aintiff po.s.sesses a val:id qualifying patient "Identiflcation c.ard" as provided in Article X, section 2·9 (bl, Fiorida Cons-ti tut ion.

e. Plaintiff·' s physician would recommend that Plaintiff grow and "juice" his own marijuana and. consume a quantity of the juice daily as part of his treatment if Flqrida law permits Plaintiff to gtow and juice his own marijuana.

J

12. The parties then set forth th~ir list of 11

disputed issues of fact and law:

a. Whether a "qualifying patient" has a cbnstitutionAl right t6 pos~~s~ growing mar1Juana plants and administer them to him or he:rself, subject td t~asonJble regulations by the Department of. Health as to the amount.

b. Wh·ether Article X, Section 29,, permits a "qualifying patient" to poss·ess .growing marijuana plants to cultivate and process such plants for the purpose of administering medical marijuana to him ot herself.

c. Whether Plaintiff has a substantial likelihodd 0£ success on th• merits of his claim~ in this case.

d. Whether Plaintiff haJ::i a:n ade·quate r~medy at ia:w other than .equitable inj.uh~tive :r:eltef.

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e. Whether Pi.~intiff will suffer irreparable .injury in the abs.e.nce of a permanent injuncti.OI1.

f. Whether issuance ·of t.he requested injunction is in the public ipterest~

g. Whether prior to filing this: lawsuit l?la•inti.ff exhausted administrative rernedi~s available to hii:tt.

h. Whether Article X, S.(;lc;tiQn 29td) , "t)uties of the Department" astal:;>l;i.shes .any authority by which the DOH may limit a qualifying patient ·'s access to diffe;rent types of medic.al marijuana lJ:.~ted, in Sect;:ion 8$13.02(3),, Florida Statut~s (20:I.4}.

i. Whether .Article x,~ Secti.on 2,.9 (dJ .,. "Duties o.f. the Department, " establi.she.s a·ny authorltY by w.hicn the DOH rna•y limi;t different •iroutes of · administration•• for a quaJifying patient to administer type.s of medical marijuana listed i.n Se0tion 8'$f3. 02 ( 3) , Flm:ida Statut·es (.2 014) .

j. Whether the Department. has, a;t this point ;Ln time, created, pi::ornul.gated, or adbpted implementing tegulations consistent with A~ticle X, S&etidh 29 (d) ( l) d, .any regulation that "defines. the arno,unt of marijuana that could reasonably 'be pre.si1med to be an adequate supply for q11alifying patients' medical us.e, based on tha best ava:ilablE!, evidence."

k. Whether J?lain:tiff's physici?in .S'lilb!(l'itted a ph;ysician ';s certification to the Departrnerre in. acc·ordance with l-\.rticle X, Sectio.n 2:9· (b) (9) .

13. The testimony pe:i:;-tinent to deterrrrinati.on of the

remaining issues is cont.ained in th:e Decempier 2,01'7 pt·e-

. hearing depositions of witnesses marijuana consultant

Page 9of22

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Mr •. Sandorf·, osteopi!!ith Dr. su:lak, Flor.id!;). certified

mari j uanc;t Doctor Gordon, M. D. , and. Mr. Redner, the

. "live'' in-person Dec~rt1ber 20.17 tef:3timony o.f Witnes·ses

Mr. Sandorf, Dr. S:ulak,. Dr~ Gordon, and. Redner, and the.

supplementai pre~er.ve;cl tr:ia1 testimony in March 2018 of

witnesses Dr. Gor.dQn, DOH Representative C::oppota

[Deputy- Director of the O~fice· of Medical Marijuana

Ose], and Mr. Redner·.

14. The depQs.,i.tion te,stimony prior to the D.ecember

2017 hearing and th,e March 8, 201·8, preserved trial

testimony ate as ava.il.al;)le to any r.ev1ewer as to the

trial court, while t;.he in-court testimony in December

201 7 gave the court the opportunity to he-ar, ahGi

determine the demean'()r and credibility ,c:,f the

witnesses, wh.ich .is not an opportunity othezwise.

available to any revie'\>ier.

15. Florida's Medical Marijuana Amendment reflects

Floridians' decision to .. place in thei -Flor::lq'a

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Constit;:ution a provision adopting as Florida's public

policy "[t]he medical use of marijuana by a qualifying

patient or caregiver in compliance with [the 1\.mendment.]

is not aubj ect to criminal or. civil liability or

sanctions under Florida law.,; Article X, Section

29 Ca} (1) . [Marijuana for mediqal or other purposes is

legal in stat~.s including Maine, C9lorado and

California].

_16. Florida's 20,16 Constitutional Amendment spe_lls

out the :r::ights o.f those E'loridians suffering from

specified debilitating conditions to use marijuana for

medical treatment as ldng as the qualifying patient$

comply with the Amendment.

17. The Amendment addre:;3~e.s the rights of

Floridians in the public policy, definitions, and

limitations subsections. Article· X, Subsection.a 29 (a);

( b) ; and { <:) •

18. The Amendment address.es the duties of Florida's

executive branch, specifying the required iseuance of

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..

"reasonable regulations. necessary" fo:t the

implementation and en.torcement o·f this sect:ion, tq

~•ensure th$ .availab11f ty and safa use of medic.al

marijuana by qualifying patients." Article :x,

Su,bs.ection 29 '(d.) . The Departfi;lent' s specified ro1e is

limited to he.lping effectUi:tte qualifying patients'

access to medical marijuana through ~doption of a

process for "issuanpe a'nd rene.wal of ·c_tUalify'1ng patient

identification ·cards,·" procedUrEas relating to

caregivers, registration of medical 'marij ua:n:a t.reatment

centers a.no. ad~ption O·f a r.egulatiort defin;i.ng ''the

amount o·f mar.iLjuana presumed to be ·an adeqila:t;;e supply .• "

Articl.e .. .x, section 2~{d) (l) . 1·

19. In their Amendment,. Fio•ridian·s. ~dd.r~ss and.

limit the role of t:he Legislature to adopting laws

consistent with S~ction 2~.

20. A,s to: the. j,udicial branch, Floridians

·recognized ahd provided cons ti tutiortal sta,n<:i.ing to any

Florida citiz~n to seek judicial relief to compel [the

4 Tl)' Am·endil)erit does.not give the Departm·ent authority to lli'filfthe rights.ofFlorlda's, qualifyirig patieftts; t::1Ho

rG.;:.intwrms defJ,;ed Ir, th.e Amendment.

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. '

Department 1 sJ compliance with its Constitutional

duties. Article x, Subsection 2;9 ( d) ( 3) .

21. Nothing in the Amendn\ent authorizes the

Department of Health tor any other part of Florida••

government] to ignore th~ rights of qualifyi'ng patients

to access the medical mar.iju~na, treatment to. which they

are entitled under the Flo-rida Constit-qtion, or to

exclude any method by-' which qualifying pat'.:i.epts may

take·tneir medicine.

Qualifying Pat:ian.ts ' Righ_ts

22. Quali~ying patients have the r:ight to medic.al

use of marijuana. "M~dic,1 use" is defined, in

pertinent part:

the aequiaition, po~J~ssion, us&, deliVety, transf.er, or adm.inistt:atioh qf an amount of marijuana not in conflict with Department .rule.s, or of related :supplies by a .qual.ifying pati•nt •.. for the treatment 0£ a debili.t_ating ·medical conditi.ort.

Article x,, Subsecti<m 29 (b) (6) •

23. To avo~d issues ae to what is meant ~Y

marijuana, Floridi•n• defined that:

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(4) "Marijuana" has th.e meaning given cannabis in Se<:tion 893 •. 02 (3.), Florida St.a:t;;ijtes (2Ql4 l, and, in addltion,. ,"Low-'l1HC -c.anna:bis as defined in Section 381~986(1) (bl, Florida Statutes (2014), shall also be in-eluded !n t.he meaning o.f the teim ''marijuana."

Article x, Subsection 2.9 (b) ·( 4.) • 5

24. The ope:r.ative definition of "rnar-ij uana ''

pe-rtinent h~re, from the referenced statutory

subsection 893.02(3), Florida Statutes (2014), states

in the pertin~nt part tha-t "marijuana":

all parts of any plant of the genus Cannabis, whether growing or not; -the seed.s thereof; the resin eztr~cted from any part of th• ~lantt .artd ~very compound, mahu:factu.re,. f,la1t, derivative, mixture, or preparation of the pl-ant or its seeds or resin.

DOB Violations of the Law

25. The actions of: the Department of Heal th since.

Floridians' adoption of the Medical Ma;rijuana Amendment

in November 2016 are not clos(;:l to full compliance. with

the Department's dutie,s.

5Although the Le9islature amendecl the definition of marijuana in 2017, that: amend_ed definition is not pertinent to the issue.a he(re., given Floridiansf c.lea:r incorporation by referencEi of the 201'4 statutory definitions meant .for Am~ndment ,J?-urposes , ·

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26. Contrary to the Constitutional language th~

Depa·rtment has not defined the amount of marijuana

reasonably presumed to be an adequate s1.1pply, de.spite

the mandatory nature, of its constitutional ciµty to do

so pursuant to Section 2 9 ( d) ( 1) (d) • It has without the

authori1:y to do so, attempted to limit acces~ of

qualifying patients to various methods of

administration by not approving 'MMTCs' registration

requests. Its pronouncements include restrictions

inconsistent w.t th the Cons ti tutidn as to q\ii;ilifying

patients possession of growing plants and its web site

has a frequently asked question in which it contends

without constitutional basis - qualifying patients

cannot posse$S or use. growing p'lants, even though the

plain Con.sti tutional language of th,e l-\,mendment is to

the c;ontrary.

27. The unrefuted March 8,, 2018, trial testimony of

Dr. Go.rdon illustrates a numbe·r of the ways the

Department's violations are impeding the intended

Pagels of 22

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Con$ititutional l;\ccess for qu~lifying p'atients to the

·medical marijuana treatment to which they efre entitled.

28 ~ Office of Medt·cal Mar.ijuana Use [OMMu·j De.puty

Director o-oppola gav·e no e~planation for the

Department's· non-compLian.ce with its .Constituti.on,al

duties., nor did the Department adduce any evidence as

to why it had chosen to i,gnore its Constitutional

duties to define the p:rmsurnptive adequ-ate supply, why

it ses~ed to be acting inconsistehtly witb the

constitution, and w:hy it had not acted with the

expected alacrity to "ensure the avai-labili tY and saf.e

use of medical ma,rijt1ana."

F.indings and Concl.us.ions

The Court having carefully considered the demeanor

and credibility of the wi tnes·ses ,' the preserved trial

testimony of Deputy Directo~ Coppola 1 the exhi~its ,

submitted by the parti.e.s, the contents of the court

file, and being otherwise fully advised in the

OR BK: 5181 PG: 683

premiaes, makes the following findings of fact and

conclusions of law as to the pending issues:

L Plaintiff Redner has a constitutional right to.

possess growing marijµana plants for tha purpose of

using them as medical treatment for his qualifying

debilttating conditi6n, consistent with D±. Gbrdon•s

recommendations as to emu1·s:Lfying [juicing] th:e biomass

of the marijuana plants to obtain the recommended eight

ounces per day. The Court interprets the Department's

failure to comply with the constitutionally required

definition as equating to an amount of "zero", which

presumption the Court finds has been overcome by the·

unrefuted evidence establishing Plaintiff Req.ner's

appropriate ~edica1 us·e at e.ight ounces per day.

2. Because Article X, Sec.tion 2·9_ as. adopted by

Flor.ida' s voters is clear and unambiguous, and because

it is not the role o·f the Court to rew.rite tne

Constitution, the Court must find that Florida's

Medical Marijuana Amendment permits Plaintiff Redner to

p_ossess growing marijuana plants in order to cultivate

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and proces;1, such plants f.ot the ~. purpose· of

.administE;:?.:r;Jng th,e emulsi:eieg medical ma:rijuana bioma.$.s

to himself for the .medic·al treatment 1::©· which he :Ls

entitled, and which br. Gordon has approp.rtate:ly

recornmeno.ed ~

3. Al though the :Depattm~nt initially conte,nded

Plaintiff failed to exhaust ~dm,in:i,$.tra.ti ve :t,etnedies

be'fore initiating this actio'r'i, the· Depc:1rtmer1t did not

identify any· .administrative reme9,y av.ailable: to

Plain.ti:!;£~ Further, to, the ex.tent tp.·e D.e.partment

implicitly sugges'.tS f'acial uncohst.i tutionality ·of the

Arnendrrt~nt,. the Department must he aware that

administrative proceedings aa.nnot address sucfh,

con.sti tutional questipns, and that agencies J.ack

juriadiotion to determine- issu,es regarding protect;.i.on

9f parties' cons.ti tuttonal rights. See., e.g. Key Haven

Associat:.ed Enterprises,. Inc. v·. BoaTd of Tx:us'tee$ of

Internal Improvement Tx.ust FL'l11d, 427 So .• ,2.d 15'.::3 (Fla.

19.83); Odham v. Fo:temo:st. Oa:i,.ri(;'S·, In..c.;, 128 Se·. 2d 5:8:6

(Fl~. 19.6;1) and Chrysler Corp. v. Florida Oepat·t:metrt:: .of

Pase: 18 of22

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Highway Safety & Motor Vehicles, 720 So.2d -563 (Fla. 1st

DC,A. 1998) •

4. In addition to the auth0rities listed in th~

prior paragraph, the Constitution itself vests

Plaintiff Redner with st~nding to seek judicial relief

here. SeQ Articl~ X, S-ction 29(d) (3).

5. Article X, Se.ctio•n 29 (d) provides the Department

with no authority by which it may limit rout:ea of

administration for a qualifying patient to administer

medic~l marijuana, ·~nd the Department has no authority

to modify the rights of ~ualifying patients that

Floridians have chos-en to pl9-.ce in the Florida

Constitution .•

6. As indicated above, there is no evidence ths

Departme.nt has complied with [nor tried to comply wi thJ

its obligation to define "the amount of marijuana that

could reasonably be presumed to be an adequate supply

for qualifying patients' medical use, based on th.e best

available evidence. 0 Thus, pursuant to Article x,

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. '

Se:ction 2 9 (dJ '( l) d, tbe ~vidence :i?lai.htiff adduc~d as to

Dz-.. Gordon's recommendation overtul.~s· any pr.e.sumption

there may otherwise ~aV.e been and estab.:).isne.s the

app:t;"opriate medical use amount for ·Plaintiff Redner:.

7. The t:1ncontroverted evidence estc:!.blishes that

Plaintiff'$ physician Dr. Gordon sul;>mitted an

appropriate physician'' s c·ertification to the Clepartrnent

in accdrdance with Art,icie· x, Section 2~ (b) (9), wi.th

the result that. E'lqintiff Redner and h;Ls physician hav:e

met the Constitutiona1 conditions.

WHEREFORE IT IS

ORDERED AND ADJUDGED that Plaintiff Joseph Redner

is a qualifying patient with a debilitating condition

who is entitl~d, under Florida l&w to possess and us.e.

growing marijuana plants for medical treatment by

em:ulsificatio:n [juicing] and consumption df :up to e-ight

ounces per day of :emulsified biotnas·s d.erived from

growing marijµana plants. Plaintiff Redner may not

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share the plants, any portion of them, or any juice

therefrom with c:my other person, and he may only

posses,s, grow and use the plants while he is involv.ed

in administering the med.ioal. treatmeht to himself in

aoco:r;da.nce with the recommendations of his physic.ian,

with no civil or .crimin&l liability tmder Flo·rida .law.

It is further

ORDERED AND ADJUD'GED that the Department of Hea1 th

is in violation of its Constitutional dutie~, without

valid excuse or reason. It is further

O~DERED AND ADJQDGED that Plaintiff as the

prevailing party is entitled to have his costs taxed

against the Department if' he timely submi'ts• his motion.

bRbERED· this \ \ t'l=aa:y of April, 20L~ in . •

Tallahassee, Lebn county, Florida ..

~ KAREN GIEVERS Circuit Judge

Copies furnished to:

Amanda 1. Derby, Esq. Amanda .. 1. derby@gr:nail.com

)-0 \. 7 ·CA ~ "t ~j Page ·z1 of zz

OR BK: 5181 PG: 688

Luke C~ Lirot, Esq~ [email protected]~

Jasqn Gonzalei, Esq. [email protected]

Amber Stoner, Esq. [email protected]

Jennifer L. Sommerville, Esq. j [email protected]

Michael J. Williams, .Esq. [email protected]

Page 22 of 22

OR BK: 5181 PG: 689

SHUTTS & BOWEN LLP ATI'ORNEYS AND COUNSELORS AT LAW

200 SOUTH BISCAYNE BOULEVARD, SUITE 4100 MIAMI, PLORIDA 33131

FORT LAUDERDALE (954) 524-5505 • MIAMI (305) 358-6300 • ORLANDO (407) 423-3200 SARASOTA (941) 552-3500 • TALLAHASSEE (850) 521-0600 • TAMPA (813) 229-8900 • WEST PALM BEACH (561) 835-8500

E-mail: [email protected]

Please note our new Miami office address

Florida Department of Health 4052 Bald Cypress Way, Bin A-02

· Tallahassee, FL 32399

Nichole Geary, General Counsel

Client: 46801-0002

Re: Medical Marijuana Litigation

For professional services rendered thru: January 31, 2018

Total Service

Total Expense

Credits Applied

Current Balance Due

Prior Balance Due

Total Balance Due

Terms: DUE UPON RECEIPT.

February 15, 2018

Atty No.: 6786 Invoice: 1267365

24,490.00

2,667.32

(0.00)

27,157.32

80,104.40

$107,261.72

A 1 % per month late payment charge will apply on any unpaid balance over 30 days from date of invoice. · Federal I.D. No. 59-0447122 ·

TO ENSURE PROPER CREDIT, PLEASE RETURN ONE COPY OF THE COVER SHEET WHEN MAKJNG PAYMENT. THANK YOU.

OR BK: 5181 PG: 690

SHUTTS & BOWEN LLP ATTORNEYS AND COUNSELORS AT LAW

200 SOUTH BISCAYNE BOULEVARD, SUITE 4100 MIAMI, FLORIDA 33131



Florida Department of Health 4052 Bald Cypress Way, Bin A~02 Tallahassee, FL 32399

Nichole Geary, General Counsel

Client: 46801-0002

Re: Medical Marijuana Litigation

For professional services rendered thru: January 31, 2018

Total Service

Total Expense

Credits Applied

Current Balance Due

Prior Balance Due

Total Balance Due

Terms: DUE UPON RECEIPT.

February 15, 2018


24,490.00

2,667.32

(0.00)

27,157.32

80,104.40

$107,261.72

A 1 % per month late payment charge will apply on any unpaid balance over 30 days from date of invoice. Federal LD. No. 59-0447122

TO ENSURE PROPER CREDIT, PLEASE RETURN ONE COPY OF THE COVER SHEET WHEN MAKING PAYMENT. THANK YOU.

OR BK: 5181 PG: 691


200 SOUTH BISCAYNE BOULEY.ARD, SUITE 4100 MIAMI, FLORIDA 33131




SERVICES RENDERED -

Date DescriI?tion Attornei Hours

01/02/18 Bills' Nursery- Review draft motion to dismiss. FAZ 0.30 ·

01/02/18 Internal conference with Amber Stoner regarding drafts of J7G 1.30 proposed orders; draft, proofread and revise proposed order denying Motion for Injunctions; draft, proofread and revise proposed order granting Department's Motion to Dismiss.

01/02/18 Redner: Draft proposed orders denying motion for temporary ARS 2.70 injunction and granting motion to dismiss.

01/03/18 Florigrown - Draft, proofread and revise Answer to Complaint and J7G 2.00 affirmative defenses; research.

01/03/18 Bill's Nursery - Review pleadings; telephone conference with co- J7G 1.40 counsel; review and respond to correspondence from co-counsel.

01/03/18 Redner: Draft proposed orders denying motion for temporary ARS 3.10 injunction and granting motion to dismiss.

01/04/18 Review and analysis of proposed injunction order and advisability FAZ 0.60 of changes on "irreparable harm" findings.

01/04/18 Redner - Revise proposed orders; receipt and review of hearing J7G 1.80 transcript.

01/04/18 Redner: Draft proposed orders denying motion for injunction and ARS 3.00 granting motion to dismiss.

01/05/18 Smith v. DOH - Various calls, email correspondence, and related FAZ 1.00 analysis regarding contents of proposed injunction order and strategy.

01/05/18 Continue work on Answer and Affirmative Defenses. J7G 2.20

01/05/18 Redner: Send proposed orders denying motion for temporary ARS 0.20 injunction and granting motion to dismiss to the Department for review. Receipt and review of email from Nichole Geary regarding the same.

01/05/18 Smith: Review Notice of Appearance and Proposed Order ARS 0.30 Granting Injunction.

01/08/18 Smith DOH- Various calls and email corr regarding agreed FAZ 2.00 language for injunction order.

01/08/18 Smith v. DOH - Various calls and email corr regarding agreed FAZ 2.00 language for injunction order.

OR BK: 5181 PG: 692

OR BK: 5181 PG: 692



FORT LAUDERDALE (954) 524-5505 • MIAMI (305) 358-6300 • ORLANDO (407) 423-3200 SARASOTA (941) 552,3500 • TALLAHASSEE (850) 521,0600 • TAMPA (813) 229-8900 • WEST PALM BEACH (561) 835-8500


Date 01/08/18

01/08/18

01/08/18

01/08/18

01/09/18

01/09/18

01/09/18

01/09/18

01/10/18

01/11/18

0l/12/18

01/12/18

01/16/18

01/17/18

-SERVICES RENDERED -

Descrtetion Smith Case: multiple communications with client and opposing counsel regarding draft order, revisions to same, and finalize for submission to court. Mutliple communications with counsel and client regarding motion consolidate, finalize and file same.

Bill's Nursery: Communications with client to finalize motion to dismiss and motion to consolidate, file same. Call with opposing counsel.

Florigrown • Research case law governing Motion to Strike Impertinent and Immaterial pleadings; continuing drafting Motion to Strike.

Redner: Finalize proposed orders for filing. Email to Nichole Geary regarding the same,

Florigrown - Review case law governing Motion to Dismiss for Failure to State a Cause of Action; continue work on Motion to Strike Immaterial and Impertinent allegations in Complaint.

Bill's Nursery - Review Petition; prepare discovery outline; prepare hearing outline; research and prepare for hearing.

Smith: Receipt and review of proposed orders granting the motion for a temporary injunction.

Redner: Receipt and review of Plaintiff's proposed orders granting the motion for injunction and denying the motion to dismiss.

Telephone conference with co-counsel Frank Zacherl regarding case status; review Petition; preparation for hearing.

Florigrown - Continue research and drafting of Motion to Strike and Motion to Dismiss.

Florigrow • Telephone conference with Dan Nordby; continue work on Motion to Strike.

Florigrown: Email to opposing counsel regarding extension to respond to complaint. Analyze complaint to prepare to draft motion to strike and motion to dismiss.

Florigrown: Emails to opposing counsel regarding extension of time to respond to complaint. Phone call and email to Michael Williams regarding the same. Telephone conference with counsel for Governor Scott. Analyze issues in complaint.

Smith: review a11d respo11d to various correspondence regarding Judge wanting to set motion to consolidate for hearing.


Attorney Hours

KMK 3.80

KMK 0.70

J7G 2.30

ARS OJO

J7G 2.50

J7G 3.80

ARS 0.20

ARS 0.50

J7G 1.80

J7G 2.80

J7G 1.60

ARS 2.80

ARS 1.00

KMK 0.20

OR BK: 5181 PG: 693

SHUTTS & BOWEN LLP ATI'ORNEYS AND COUNSELORS AT LAW


FORT LAUDERDALE (954) 524-5505 • MIAMI (305) 358-6300 • ORLANDO (407) 423-3200 SARASOTA (941) 552-3500 • TALLAHASSEE (850) 521-0600 • TAMPA (813) 229-8900 • WEST PAIM BEACH (561) 835-8500


-SERVICES RENDERED -

·oate Descri(?tion

01/17/18 Redner: Review docket and draft notice of appeal.

01/18/18 Florigrown - Continue work on partial Motion to Dismiss.

O 1/18/18 Florigrown: Prepare Notice of Appearance.

01/19/18 Florigrown - Review administrative rules cited by Plaintiff; research relevant case law in preparation for Motion to Strike and

· Motion to Dismiss.

01/24/18 Preliminary review of operative portions of order on injunction request and strategize re appellate possibilities.

01/24/18 Redner~ Receipt and review of Judge Gievers' order denying Motion for Injunction and denying Motion to Dismiss; telephone conference with Rachel Nordby.

01/24/18 Redner: Receipt and review of Order Denying Motion to Dismiss and Denying Motion for Temporary Injunction. Email to Nichole Geary and Michael Williams regarding the same. Research case law regarding appeals under Rule 9.130. Internal conference with Jason Gonzalez and Suzanne Labrit regarding appellate strategy. Telephone conference with Plaintiffs counsel regarding Order Denying Motion for Temporary Injunction.

01/25/18 Begin analyzing order on injunctive relief c\aim (.5); email exchange with J. Gonzalez re potential strategy for expediting entry of summary judgment to facilitate final appeal (.4).

01/25/18 Redner: Research case law regarding appeals under Rule 9.130 and petitions for writ of certiorari. Internal conference with Jason Gonzalez and Suzanne Labrit regarding appellate strategy. Receipt and review of emails from Nichole Geary.

01/25/18 Florigrown: Receipt and review of Plaintiffs' motion for default against the State ofFlorida.

01/26/18 Redner: Prepare stipulated facts for potential motion for summary judgment and communicate to Nichole Geary regarding the same. Draft answer to complaint. Receipt and review of order in People United for Medical Marijuana case.

01/29/18 Redner - Begin drafting Motion for Summary Judgment.

01/29/18 Redner: Internal conference with Jason Gonzalez regarding answer to complaint. Draft answer and affirmative defenses.

01/29/18 Florigrown: Receipt and review of Plaintiffs First Request for Production to DOH. Receipt and review of Governor Scott's Motion to Dismiss.


Attornei Hours

ARS 0.40

J7G 1.50

ARS 0.10

J7G 1.00

SYL 1.30

J7G 1.30

ARS 3.30

SYL 0.90

ARS 0.70

ARS 0.10

ARS 2.80

J7G 1.50

ARS 1.70

ARS 0.40

OR BK: 5181 PG: 694



FORT LAUDERDALE (954) 524-5505 • MIAMI (305) 358,6300 • ORLANDO (407) 423,3200 SARASOTA (941) 552-3500 • TALLAHASSEE (850) 521-0600 • TAMPA (813) 229-8900 • WEST PALM BEACH (561) 835-8500


.,.,.,.,.,., _ _._:---------·------------Atty No.: 6786

Invoice: 1267365

SERVICES RENDERED

Date Descrietion Attornel'. Hours

01/30/18 Strategize re approach to cross-motion for summary judgment SYL 0.40

01/30/18 Florigrown • Continue work on Motion to Strike Impertinent and J7G 1.70 Immaterial allegations in the Complaint.

01/30/18 Redner • Continue wo1·k 011 Motion for Summary Judgment. J7G 1.80

01/30/18 Redner: Internal conference with Suzanne Labrit and Jason ARS 0.60 Gonzalez regarding strategy for motion for summary judgment.

01/31/18 Smith: review motions to prepare for hearing. KMK 1.40

01/31/18 Redner• Continue work on Motion for Summary Judgment. J7G 2.40

01/31/18 Redner: Receipt and review of email from Plaintiffs counsel ARS 0.30 regarding proposed administrative remedy. Internal conference with Jason Gonzalez regarding the same.

Total Fees for Professional Services: $24,490.00

- FEES SUMMARY-

Attorne~ Title Hours Rate Total

Zacherl, Frank A. Partner 5.90 375.00 2,212.50

Krak, Kathleen M. Partner 6.10 375.00 2,287.50

Labrit, Suzanne Y. Partner 2.60 375.00 975.00

Gonzalez, Jason B, Partner 34.70 375.00 13,012.50

Stoner, Amber R. Associate 24.50 245.00 6,002.50

Total 73.80 $24,490.00

OR BK: 5181 PG: 695

SHUTTS & BOWEN LLP A'ITORNEYS ANO COUNSELORS A'l' LAW




- EXPENSE ADVANCES -

Date Description

12/20/17 Court reporter fee

12/26/17 FAZ travel expenses to Tallahassee - Dec. 26 - 28, 2017

12/26/17 FAZ travel expenses to Tallahassee - Dec. 26 - 28, 2017

12/26/17 FAZ travel expenses to Tallahassee - Dec. 26 - 28, 2017)

12/26/17 FAZ travel expenses to Tallahassee - Dec. 26 - 28, 2017 I

12/26/17 FAZ travel expenses to Tallahassee - Dec. 26 • 28, 2017

01/09/18 Court reporter fee for appearance at hearing·

01/10/18 Ship to: Judge John C Cooper

01/10/18 Ship to: Judge Terry P Lewis

01/10/18 Ship to: Judge Charles W Dodson

01/10/18 Ship to: Chief Judge Jonathan Sjostrom

Photocopies

West Law

Atty.: 6786 Invoice: 1267365

Amount

356.55

1,007.41

72.30

75.00

307.38

34.20

596.60

10.24

10.24

10.24

10.24

9.00

167.92

Total Expense Advances $2,667.32

imediad.publicbroadcasting.net/p/wusf/files/201804/joe... · 2018-04-11 · or . bk: 5181 pg: 666 ,...

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