In addition to the numerous changes to Chapters 718, 719, and 720 of the Florida Statutes, more commonly known as the Condominium Act, the Cooperative Act, and the Homeowners’ Association Act, respectively, many other laws went into effect today, too. A few of the changes as reported in the July 1st edition of the Miami Herald include Florida’s $77 billion dollar budget which went into effect.
• It would appear that if a Floridian threatens to use a gun, or fires a warning shot, such actions might avoid criminal prosecution. The new law signed by Governor Rick Scott was brought about after a Jacksonville woman was initially sentenced to 20 years in prison after firing a shot near her estranged husband. She had unsuccessfully argued Florida’s “stand your ground defense” to a judge who rejected her claim. As a result, she was sentenced under Florida’s “10-20-Life” law, which requires mandatory sentences for using a gun. This new law provides that Florida’s “10-20-Life” rule may not apply in instances of threatened use of force when the victim threatens to use a gun, or fires a warning shot.
• Tax collectors’ offices can handle concealed-weapon license applications.
• Electronic cigarette sales to minors are prohibited.
• Insurance companies may not deny coverage or increase your rates because you own a gun.
• The “Florida GI Bill” provides for university tuition waivers for veterans.
• School districts will need to establish a system for parents to contest the selection of certain textbooks and classroom materials.
• There is an increase in penalties for drivers who leave the scene of serious accidents.
• There are changes to the Sunshine Laws which remove certain items from public access, including personal information of people involved in animal research and certain personal contact information that you might find in vehicle crash reports.
• The budget also includes additional funds to deal with water pollution and additional funding for child welfare programs.
With all the chatter about medical marijuana taking place in the state, I was recently asked whether a condominium association that has lawfully adopted a no-smoking policy must allow a resident to smoke their medicinally prescribed marijuana (assuming it’s not illegal at some time in the near future). In examining the Fair Housing Act, if the resident has a disability that affects a major life function recognized by federal, state or local law, and the medical marijuana is prescribed to help alleviate the disability, you might think that in order to provide the resident equal opportunity to use and enjoy the unit, a reasonable accommodation must be granted. Think again, because at the present time, marijuana remains a “controlled substance” under federal law. Therefore, the protections provided by the Fair Housing Act do NOT apply to medical marijuana use.
An even more interesting question is whether Florida, if it does adopt laws allowing use of medical marijuana, will sue the federal government for interference with state law. In the meantime, should medical marijuana become legal, an easy solution to the no-smoking dilemma may well rest on the patient’s ability ingest their medication without having to smoke, such as using vaporization, consuming medical marijuana in food, teas and tinctures… No smoke, no foul.