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  • Posted May 23, 2014 by
    Avon Park, Florida
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    Florida Senate Bill 1030 Unconstitutional

    Florida Senate Bill 1030 Unconstitutional

    "In 1973 Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA) (F.S. §501.201 et seq.) was enacted to give consumers stronger legal protection against commercial wrongdoing."

    "Until 1993, a FDUTPA violation had been a violation of any provision of the act or any rule promulgated by the Department of Legal Affairs (DLA) pursuant to its authority to specify unfair or deceptive acts or practices thereunder. The 1993 amendments expanded the definition to make it current with developing FTC jurisprudence, so as to provide that a violation may be based on of any of the following:

    1) Any rules promulgated pursuant to the FTC act or FDUTPA;

    2) The standards of unfairness or deception set forth and interpreted by the FTC or the federal courts; or

    3) Any law, statute, rule, regulation, or ordinance which proscribes unfair methods of competition, or unfair, deceptive, or unconscionable acts or practices."
    (by David J. Federbush - Florida Bar Journal)

    The Senate Bill Reads:

    "Authorize the establishment of five (5) dispensing organizations to ensure reasonable statewide accessibility and availability as necessary for patients registered in the compassionate use registry and who are ordered low-THC cannabis under this section, one in each of the following regions: northwest Florida, northeast Florida, central Florida, southeast Florida, and southwest Florida." This clearly excludes South Central Florida as a potential location of a medical marijuana dispensary.

    Also, if you read the requirements, you will see how it was designed to give complete control of the distribution of marijuana in the State of Florida to a hand full of people, whereby only a few farmers will even qualify to bid for these contracts. This is a clear case of unfair methods of competition, or unfair, deceptive, or unconscionable acts or practices. This should be challenged in court.

    For full text please read:

    Senate Bill 1030 Full Text PDF:

    " a registered nursery in this state for at least 30 continuous years" and a "$5 million performance bond," or another $33,000 to $50,000 to operate. Then it states, "valid certificate of registration issued by the Department of Agriculture and Consumer Services pursuant to s. 581.131 that is issued for the cultivation of more than 400,000 plants."

    It is clear what the legal intent is behind Senate Bill 1030, because this bill is designed to support marijuana nurseries that can handle at least 400,000 plants. While this bill mentions only the production of low grade THC 201 cannabis - low grade- THC-201 marijuana, we all know their is no demand in the whole State of Florida or probably the whole country to support such supplies being produced in 5 dispensaries at 400,000 plants each. Get real? This is clearly an act of deception. It is really a promise to 5 companies, that meet these tailored to fit a few farmers as potential bidders a license worth billions in profits provided Florida votes yes to Florida Right to Medical Marijuana Initiative, Amendment 2 (2014).

    The purpose of this bill SB 1030 is to regulate a law that doesn't exist, using unfair competition as a means to distribute these medical marijuana dispensary distribution centers, which could mean billions of dollars of profits to those awarded these privileges.

    And it doesn't include all of South Central Florida, yet it claims to be of concern to geographical locations rather than the size of the consumer markets.

    While it states in 4th requirement of dispensaries it requires: "An infrastructure reasonably located to dispense low-THC 201 cannabis to registered patients statewide or regionally as determined by the department."

    It excludes all of South Central Florida as a potential market. Yet we have most of the agricultural production properties, our economy depends on agriculture. We are actually centrally located and can act as an artery to all other areas on the Florida map. Our location provides the best means of being the central distribution center for the whole operation. Yet we were not even included, clearly do to our market and not our location, which is claims to address.

    These are unfair practices anyway you look at it and it should be challenged in court. We cannot allow the government to create laws of intentions to trade with you in the future legislation. And the irony in Gov. Rick Scott is running for reelection!

    Rev. Frank Paul Jones

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