We are excited to announce that our Government & Administrative practice group has received a Tier 1 ranking in the Tallahassee metropolitan area by U.S. News – Best Lawyers® “Best Law Firms” for 2022.   Best Lawyers is one of the few legal ranking publications to rank the Administrative/Regulatory practice area. The Firm is one of less than 10 law firms ranked Tier 1 in Tallahassee for Administrative/Regulatory Law and one of less than 20 in all of Florida. Additionally, Group Chair and Shareholder Gigi Rollini, Shareholder Glenn Burhans, Jr., and Shareholder Vinette Godelia are ranked in The Best Lawyers in America® 2022 for Administrative/Regulatory Law.  More details on the team's accomplishments during 2021 can be found here. Registration May Be Required for Non-profits that Solicit Funds The Florida Department of Agriculture and Consumer Services (“FDACS”) recently announced the intent to investigate at least one 501(c)(4) non-profit corporation for potential violations of Chapter 496, Florida Statutes, which sets forth requirements for those soliciting donations to register with FDACS. Chapter 496, F.S., the Solicitation of Contributions Act, generally requires anyone who solicits donations from a location in Florida or from people in Florida to register with FDACS if not otherwise exempt, and to renew that registration annually.   Chapter 496 is often thought to apply narrowly to traditional, tax-exempt 501(c)(3) charities; however, as the news of the recent investigation suggests, FDACS’s regulatory purview is often broad enough to include 501(c)(4) and 501(c)(6) non-profits and corporations that solicit donations. If you have any questions or concerns regarding whether your organization or company should be registered with FDACS under Chapter 496, or whether a statutory exemption may apply, please contact us to help guide you through this new development.  Governor DeSantis Seeks Additional Medicaid Funds for Home and Community-Based Services In a proposal submitted to the Centers for Medicare and Medicaid Services on July 12, 2021, Governor DeSantis’ administration sought an additional $1.1 billion in federal Medicaid funds over the next two years to bolster access to home and community-based programs. Approval would direct $191 million of the increase to enroll more individuals in the “iBudget” Program, which is the state’s home and community-based Medicaid waiver program for people with intellectual and developmental disabilities. The full proposal, prepared by the Florida Agency for Healthcare Administration, can be found here.   These additional federal Medicaid funds have been made available due to a provision in the American Rescue Plan Act, the stimulus package signed by President Biden in March 2021 that allows the state to draw down a 10 percent increase in federal funds to bolster home and community-based services in state Medicaid programs. The Florida Legislative Budget Commission has to sign off on the spending when approved by the Biden Administration.   The iBudget Program has historically been underfunded, resulting in a long waitlist for Florida’s intellectually and developmentally disabled populations to enroll. Currently there are approximately 20,000 Floridians on the waitlist. Approval of this spending would ensure a large number of Florida’s most vulnerable adults receive the Medicaid funds needed to obtain the home and community-based care they are entitled to.   The Government and Administrative Practice Group is monitoring changes to Florida’s iBudget Program and works closely with many providers throughout Florida. As more information is released pertaining to the Governor’s request, we will ensure that stakeholders in the iBudget community are informed. Senate Bill 2006 and the Impact to Local Governments During the 2021 Legislative Session, as Governor DeSantis was issuing Executive Orders ("EO") limiting the authority of local government, the Florida Senate proposed Bill 2006. SB 2006 changed many aspects of the Governor’s own authority to implement EO’s and limited the authority of local governments to do so. The biggest change to local governments came with the addition of subsection (4) to section 252.38, Florida Statutes. This subsection now requires local government emergency declarations to be “narrowly tailored,” requires the declarations to be renewed every seven days and only last for 42 days, and gives authority to the Governor to invalidate a local government declaration at any time.   This sweeping change to a local government’s ability to react to emergencies could be felt during Florida’s Hurricane Season and other unpredictable natural disasters, especially if those events have a longer lasting effect than six weeks.   Many businesses and individuals have been impacted in complex ways due to varying regulations implemented by federal, state, and local agencies trying their best to react to the COVID-19 pandemic. Further, many local governments have been impacted by the State limiting their authority to respond as needed to the pandemic. Our Government and Administrative Practice Group is focused on ensuring businesses and local governments are well informed throughout the COVID-19 pandemic. If you have any questions or would like more information, please contact us. Urban Agriculture An invigorated local food movement has finally captured the eyes of the Florida Legislature. Urban Agriculture is the growing, processing, distribution, and sale of agricultural products on land within urban and suburban areas. Almost all local governments restrict agriculture uses to rural areas, citing compatibility concerns with residential and commercial uses. Now, the Florida Legislature has created a pilot program that may change that. Shifts in consumer preferences and improvements in technology have pushed urban agriculture to the forefront as a way of providing fresh produce to inner-city residents at a lower cost and with less environmental impacts than traditional farming, all while creating a sense of community and support for local businesses. Despite the desire to encourage urban agriculture, most local governments continue to prohibit agriculture within their urban and suburban areas. This is because local governments are preempted from regulating agriculture the same way they can regulate commercial, residential, and industrial uses. For example, local governments cannot require building permits for “non-residential farm buildings.” Further, under the Right to Farm Act, local governments may not adopt or enforce any local laws which prohibit, restrict, regulate, or otherwise limit an activity of a “bona fide farm operation.” As a result, local governments choose to prohibit agriculture entirely in areas which are not compatible with agriculture uses. Senate Bill 628 (Ch. 2021-115) has authorized the creation of urban agriculture pilot programs within five cities (Tampa, St. Petersburg, Orlando, Jacksonville, and Miami) to allow local governments to regulate agriculture activities within urban areas in a manner similar to other land uses. Essentially, the pilot programs will remove the state-level preemptions to allow for the regulation of agriculture within urban areas. The Florida Department of Agriculture and Consumer Services (“FDACS”) is responsible for developing rules for the urban agriculture pilot project. Stearns Weaver Miller's growing Government & Administrative team is continuously monitoring these important developments in urban agriculture, as well as numerous other agency rulemaking processes. Please contact us should you have any questions. Florida’s Medical Marijuana Licensing Scheme Upheld by Supreme Court Prompts Agency Rulemaking The legality of medical marijuana in Florida was established by the passage of the Compassionate Medical Cannabis Act of 2014, section 381.986, Florida Statutes, though it was initially limited to low-THC. In 2016, Article X, Section 29 was added to the Florida Constitution with the passage of Amendment 2. The Amendment required the Florida Department of Health (“DOH”) to promulgate rules necessary for the implementation and enforcement of licensees (Medical Marijuana Treatment Centers or “MMTCs”) and to ensure the availability and safe use of medical marijuana by qualifying patients. During the 2017 Legislative Session, the Compassionate Medical Cannabis Act was amended to further align the statute with the new constitutional provisions.   Originally there were five licenses. Over subsequent years that grew to eight, then twelve, and now there are a total of twenty-two active MMTCs in Florida. Though the original statutory provisions required uniformity in license issuance, because of the numerous statutory changes (including four new licenses per every 100,000 newly active patients) and challenges to either the rules governing the licensing process or the denial of the issued licenses, many licenses were issued through settlement agreements between the applicant and DOH. Florigrown was one such applicant that was denied a license and subsequently brought suit.   In 2018, Florigrown challenged two provisions of section 381.986(8), Florida Statutes, as inconsistent with the recent amendment to the Florida Constitution, and filed for a temporary injunction. The first challenged provision, section 381.986(8)(e), mandated that MMTCs use a vertically integrated supply chain. The second, section 381.986(8)(a), placed statutory caps on the number of MMTC licenses available to authorize entities to participate in the medical marijuana industry. The trial court temporarily enjoined DOH from issuing licenses under section 381.986, and the First District Court of Appeal upheld the injunction. Upon review in Fla. Dep’t of Health v. Florigrown, the Florida Supreme Court quashed the ruling, struck the temporary injunction, and found the challenged statutory provisions consistent with Amendment 2.   Looking forward   After the trial court issued the temporary injunction, DOH and the Office of Medical Marijuana Use (“OMMU”) stopped issuing licenses. However, since the Florida Supreme Court’s ruling, OMMU began moving forward with administrative rulemaking to establish an application process to award up to fifteen additional licenses. An interesting provision contained in section 381.968(2), Florida Statutes, required DOH to give license preference to two citrus processors, though this applied to the established ten licenses which were granted through the mechanisms described above. Therefore, it seems unlikely this provision will be enforced. In addition to the citrus preference, there is a requirement for a member of the Black Farmers and Agriculturalists Association to be given a license, commonly known as a “Pigford” license. DOH, through OMMU, announced the release of an Emergency Rule for the Pigford license, Fla. Admin. Code. R. 64ER21-16. The new emergency rule includes a non-refundable application fee, which is now $146,000 as opposed to the previous $60,830 fee. It is anticipated DOH will continue the process of issuing new licenses over the coming months.    Stearns Weaver Miller has extensive experience in all aspects of Cannabis Law, including licensure, and guiding the industry through the statutes and rules governing MMTCs in Florida. Please contact us with questions. Florida Corporate Annual Reports Due May 1, 2022   An annual report must be filed each year for your business entity to maintain an "active status" with the Florida Department of State (“DOS”). It is required, whether or not you need to make changes. Any profit corporation, limited liability company, limited partnership or limited liability limited partnership annual report filing will have until 11:59 PM EST on Sunday, May 1, 2022, before a $400 late fee is assessed.   Failure to file your annual report can result in your business entity being administratively dissolved or revoked in the DOS records. While administratively dissolved or revoked entities may be reinstated, it requires submitting a reinstatement application and paying all associated fees (the reinstatement + annual report fees) due at the time of submission.   Before filing your annual report, make sure to review the filing instructions for annual reports and gather your business information, including your document number and a valid form of payment. Please contact us should you need assistance with your filing, or if you have questions regarding whether you are required to file an annual report. Following adjournment of Florida’s Special Legislative Session to address COVID-19 vaccination mandates and parental rights, the Governor signed four bills into law on November 18, 2021. Those new laws led to emergency regulations from the Florida Departments of Health and Legal Affairs. Every Florida employer, public and private, should be aware of these out-of-cycle statutory and rule changes because noncompliance comes with potential fines and penalties. Click here for more details.

Please join us in welcoming the newest member to our team!

Patricia "Trish" Conners Tallahassee 850-354-7622 Email | View Bio Download v-card  Connect via LinkedIn

Former Florida Chief Deputy Attorney General Patricia “Trish” Conners has joined the Tallahassee office as a Shareholder in the Antitrust, Competition & Consumer Protection group. Trish is a nationally-renowned litigator and creative legal strategist, with particular expertise in antitrust and competition law. For 36 years she served seven attorneys general in various senior executive positions in the Florida Attorney General’s Office, including as Chief Deputy.  Read more here and help us welcome Trish to the Stearns Weaver Miller family!

MEET THE GOVERNMENT & ADMINISTRATIVE TEAM

Gigi Rollini Group Chair Thomas Aubin Craig Barnett Reggie Bouthillier Denay Brown

Glenn Burhans Matthew Buttrick Christopher Clark Jeffrey Collier Patricia Conners

Abigail Corbett Jacob Cremer Carl Eldred Alan Fein Vinette Godelia

Jessica Icerman Douglas Kilby Chelsea Koff Brian McDonough Andrew McLaughlin

Grace Mead Marco Paredes Curtis Sitterson Christopher Smith* GIS Services Bridget Smitha

Eugene Stearns Susan Stephens Erin Tilton F. Joseph Ullo, Jr. Robert Walters

We frequently collaborate with other Attorneys & Specialists statewide in a multidisciplinary approach to address all legal and business issues in a matter.

Paul Crucet Labor & Employment Veronica De Zayas Litigation Ivette Delgado Ad Valorem Tax Felicia Kitzmiller Environmental Melanie Leitman Labor & Employment

Morgan McDonough Ad Valorem Tax Kenneth Metcalf, AICP* Planner Nicole Neugebauer Land Development Kelly O'Keefe Litigation Matthew Podolnick Medical Malpractice Defense

Sabrina Weiss Robinson Ad Valorem Tax Amelia Savage Environmental Cecilia Simmons Litigation Amanda Spencer Medical Malpractice Defense Cynthia Spidell, MBA, AICP* Planner

*Chris Smith, Ken Metcalf & Cynthia Spidell are not attorneys and are not authorized to practice law. Ken and Cynthia are highly experienced planners and are AICP certified. Chris is a highly experienced GIS analyst.  Special thanks to Landus Anderson who assisted in the drafting of this alert. Landus is a third year Juris Doctor Candidate at Florida State University College of Law.

‌ ‌ ‌

stearnsweaver.com

About the Government & Administrative Practice Group Strategically positioned at the crossroads of business and government, our team assists both businesses and government offices through Florida's complex legal and regulatory landscape. Our statewide team of attorneys and professionals have diverse collective experience and full-service capabilities to assist in every segment of a project from start to finish, with experience in nearly every industry affected by Florida regulation. We are a multi-disciplinary, collaborative firm well-versed in all aspects of Florida, local and federal government & administrative law. We frequently represent clients before Florida and federal agencies and local governments. About Stearns Weaver Miller    Stearns Weaver Miller Weissler Alhadeff & Sitterson is a full service law firm with offices in Miami, Fort Lauderdale, Tampa, Tallahassee, and Coral Gables, Florida. We offer multidisciplinary solutions with a focus on Litigation & Dispute Resolution, Bankruptcy & Creditors' Rights, Corporate & Securities, Government & Administrative, Labor & Employment, Real Estate, Real Estate Finance, Commercial Finance and Loan Restructuring & Workouts, Land Development, Zoning & Environmental, Marital & Family Law and Tax. For more information, please visit stearnsweaver.com.