Fee Award Reversed In Fla. Medical Marijuana Rule Challenge

Law360 (February 17, 2021, 8:34 PM EST) -- A Florida state appeals court on Wednesday reversed an attorney fee award granted to a nursery after an administrative law judge rejected the use of one word in the Florida Department of Health's proposed rules for licensing medical marijuana treatment centers based on the company's challenge.

The ALJ awarded Louis Del Favero Orchids Inc. $50,000 in attorney fees and about $3,800 in legal costs after finding the department had not acted reasonably by using the word "property" instead of the statutory term "facility" when it drafted a provision allowing preference for up to two applicants who proposed converting citrus processing facilities...

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