Florida Law Research Articles

Book Censorship in Public Schools: Examining Florida HB 1467 (2022)

Several pieces of legislation have sprung up in recent years in Florida aiming to restrict public school library books and curricular materials. Notably, this coincides with other state legislative moves to restrict what students read and learn in school with partisan purposes. Library associations have reported that nationally, removed books disproportionately contain LGBTQ and racial minority themes. One law at the heart of these restrictions, Florida HB 1467 (2022), empowers community members to challenge and remove public school books and adds bureaucratic obstacles to the access of previously allowable materials. The vague and broad language of the Florida law leads to erratic application by school districts across the state, resulting in the suppression of protected speech. This article examines a key constitutional tension: Under what circumstances does the students’ right to receive information under the First Amendment outweigh school officials’ authority, and, by extension, parental authority over local education under the Tenth Amendment? The U.S. Supreme Court in Board of Education, Island Trees Union Free School District v. Pico (1982) offers one answer, holding that political orthodoxy is an unacceptable rationale for removal, but pervasive vulgarity and educational unsuitability are acceptable. These three standards are useful, yet entangle in ways Pico is not fully suited to address. This article argues HB 1467 (2022) is unconstitutional under the political orthodoxy Pico standard, strict scrutiny analysis of content-based regulations, and the vagueness and overbreadth doctrines of the 1st Amendment.

Keeping the Perpetual in Florida's Conservation Easements

Hundreds of millions of dollars are being invested in the protection of the Florida Wildlife Corridor and other environmentally sensitive lands. One of the primary tools being used to accomplish this protection is the perpetual conservation easement, which is touted to landowners and the public as providing a permanent guarantee that the subject lands will never be developed. There is a very real danger, however, that perpetual conservation easements in Florida may not, in fact, be perpetual, and the protections put in place today will vanish over time—along with the public funds invested therein—as government and nonprofit holders “release” the easements in the face of economic, political, and development pressures. Florida landowners may also find themselves unable to benefit from the subsidies offered through federal tax incentive and purchase programs due to an inability to qualify for those programs, which mandate that strict limits be placed on the release or extinguishment of conservation easements. This Article raises the alarm regarding the potential lack of durability of conservation easements in Florida, and explains the significant disconnect between what landowners and the public are being told about the permanence of conservation easements and the realities of existing law. This article also seeks to address these problems by recommending two steps that should be taken now to ensure that perpetual conservation easements in Florida will, in fact, be perpetual: (i) revise Florida law to place clear limits on the extinguishment or amendment of perpetual conservation easements, as has been done in several other states, and (ii) draft conservation easements to make clear that the grantor, the grantee, and their successors in interest are bound by the easement terms. With hundreds of landowners reportedly waiting to grant perpetual conservation easements to protect the Florida Wildlife Corridor, the time to act is now.

The Impact of Florida Law HB21 on Opioid Prescribing Patterns After Outpatient Hand Surgery.

The purpose of this study is to evaluate the effects of Florida lae House Bill 21 (HB21) on opioid prescribing patterns by a single orthopedic hand surgeon after outpatient hand and upper extremity surgery. The following variables were evaluated with retrospective chart review before and after implementation of HB21: type of opioid, number of pills, morphine milligram equivalents (MMEs), emergency department visits, and readmissions. In addition, the Florida Prescription Drug Monitoring Program (E-FORCSE [Electronic-Florida Online Reporting of Controlled Substance Evaluation]) was queried to determine the number of pills and MMEs prescribed and sold for the latter cohort. Student t tests, Fisher exact tests, and binary logistic regression were used for statistical analysis. P < .05 was considered significant. We reviewed 231 consecutive patients who underwent hand or upper extremity surgery from July 2017 to July 2018 and 207 consecutive patients from January 2020 to January 2021. The average age was significantly different between the cohorts (48.41 vs 44.98 years, P = .025); however, there were no significant differences across other demographic variables. After controlling for age, the average number of pills prescribed per patient decreased significantly after HB21 (25.11 vs 21.6 pills, P < .001). The number of MMEs prescribed per patient decreased as well, but the decrease was not statistically significant (167.8 vs 154.1 MMEs, P = .054). There was an association between preoperative opioid prescriptions filled and prolonged opioid use (odds ratio 6.438, P = .003). Florida law HB21 resulted in significantly fewer pills prescribed per patient, suggesting that legislation likely changed prescriber behavior and/or patient demand regarding postoperative opioid prescriptions after outpatient hand and upper extremity surgery.

Florida law blocks hiring of Chinese students

Top officials would have to approve job offers to research staff—and process remains opaque

Using a virtual simulation platform for dispensing pediatric prescriptions in a community-based pharmaceutical skills course

Background and purposeSafe and accurate dispensing of medications is an essential skill. Pharmacy schools must provide students with the knowledge and practice to enhance special population dispensing skills. The objective of this study is to describe a community pharmacy pediatric simulation completed by first-year pharmacy students and to review student perceptions on confidence and knowledge learned after a MyDispense (Monash University) simulation. Educational activity and settingFirst-year Pharmaceutical Skills students participated in a MyDispense simulation to identify errors and omissions of prescription orders with a focus on pediatrics. Although students had limited therapeutic knowledge, the activity emphasized federal and Florida law requirements. Retrieval and direct application of these principles along with new experiences in identifying medication errors afforded students to learn in a low-stake, controlled environment. FindingsOf the 64 students enrolled in the Pharmaceutical Skills I course, 57 completed the pre-simulation survey and 56 students completed the post-simulation survey (87.5% response rate). Increased confidence and knowledge were found for most questions. The pre-simulation survey had students most frequently answer neutral followed by disagree or strongly disagree for ability to complete the listed task. The post-simulation survey responses shifted with many students responding with agree or strongly agree for the listed task and found MyDispense to be a helpful simulation tool. SummaryExposing pharmacy students to pediatric virtual simulations early in the curriculum may increase confidence and knowledge. Future pediatric simulation coursework would benefit longitudinally to further build confidence and enhance retention of knowledge.

Age is Not Just a Number: Problems with Florida’s Statutory Minimum Age for Juvenile Delinquency and Why it Must be Increased

Under a Florida law enacted in 2021, any child over the age of six years old can be arrested and subjected to juvenile delinquency proceedings. Florida, as well as the United States in general, is an outlier when it comes to statutory minimum ages for juvenile delinquency. The most common and recommended minimum age internationally is fourteen years old, and many studies show that arresting, charging, and adjudicating children below the age of fourteen is counterproductive, as it leads to increased recidivism, potentially violates due process, and leaves lasting negative effects on children. This comment will discuss juvenile delinquency in the United States, as well as the problems associated with Florida’s current minimum age for juvenile delinquency. Additionally, this comment will address the problems associated with having such a low minimum age for juvenile delinquency and explain how, based on these problems, Florida’s current minimum age runs contrary to the purposes of Florida’s juvenile justice system and does not serve the bases for punishment. Finally, this comment will recommend that Florida lawmakers raise the statutory minimum age for juvenile delinquency to fourteen years old and provide alternatives to traditional juvenile justice procedures in order to mitigate the problems analyzed before and help achieve the purposes of Florida’s juvenile justice system.

Perceived impacts of a viewpoint diversity law in Florida’s State Universities

ABSTRACT Intellectual freedom and viewpoint diversity are hotly debated topics in academia, marked by an increase in legislation focusing on intellectual freedom and viewpoint diversity within academic settings. This study explores the impact of Florida House Bill 233 on public universities, including academics’ morale. House Bill 233 purports to support intellectual freedom and viewpoint diversity through four components: prohibiting shielding of students, staff, and academics from certain speech; requiring an annual assessment on intellectual freedom and viewpoint diversity; creating a cause of action for certain video- or audio-recordings; and revising provisions related to protected expressive activity, university student governments, and codes of conduct. This study sampled 187 academics from four state universities. Findings indicate that while academics support intellectual freedom and viewpoint diversity conceptually, most academics suggested the bill has negative impacts on intellectual freedom and viewpoint diversity and faculty morale. Implications for future research and policy development are discussed.

Business Valuation Cases in Brief

Business Valuation Cases in Brief

When Laws Collide With Responsible Patient Care

When Laws Collide With Responsible Patient Care

Prescription drug monitoring program (PDMP) utilization and outcomes within the West Palm Beach Veterans Affairs (VA) healthcare system.

Prescription drug monitoring programs (PDMPs) can identify patients at risk of controlled substance (CS) polypharmacy and accidental poisoning. A retrospective pre-/post-intervention review of a random sample of provider notes with documentation of PDMP outcomes was completed before and after the enactment of a Florida law mandating PDMP queries. West Palm Beach Veterans Affairs Health Care System, which provides inpatient and outpatient services. Reviewed a random sample of 10 percent of progress notes documenting PDMP outcomes between September and November 2017 and the same timeframe of 2018. Florida enacted a law in March 2018 requiring PDMP queries to be completed for all new and renewed CS prescriptions. The primary outcome was to compare PDMP utilization and prescribing decisions based on query results before and after the enactment of the law. The number of progress notes documenting PDMP queries increased by over 350 percent from 2017 to 2018. In 2017 and 2018, 30.6 percent (68/222) and 20.8 percent (164/790) of PDMP queries found non-Veterans Affairs (VA) CS prescriptions, respectively. Providers decided to avoid prescribing CS prescriptions in 23.5 percent (16/68) of patients with non-VA CS prescriptions found in 2017 and 11 percent (18/164) in 2018. Overlapping or unsafe combinations were identified in 10 percent (7/68) of queries with non-VA prescriptions found in 2017 and 14 percent (23/164) in 2018. Mandating PDMP queries resulted in an increase in the total number of queries, positive findings, and overlapping CS prescriptions. Outcomes of PDMP mandate impacted prescribing by discontinuation and avoidance of CS initiation in 10-15 percent of patients.

The impact of the Florida law HB21 on opioid prescribing patterns after spine surgery

BackgroundThe opioid epidemic represents a major public health issue in the United States and has led to significant morbidity and mortality. On July 1 2018, Florida implemented state-law House Bill 21 (HB21), limiting opioid prescriptions to a 3-day supply for acute pain or 7 days if an exception is documented. The purpose of this study is to evaluate the effects of HB21 on opioid prescribing patterns after spine surgery. MethodsPatients 18 years and older who underwent spine surgery between January 2017 and January 2021 were eligible for inclusion. Information including demographics, pills, days, and morphine milligram equivalents (MMEs) was obtained via retrospective chart review using the Florida Prescription Drug Monitoring Program and Epic Chart Review. Student's t tests and Fisher's exact tests were used for comparison of continuous variables. Multiple logistic regression was utilized to determine which variables were associated with postoperative opioid prescriptions. p<.05 was considered significant. ResultsWe reviewed 114 patients who underwent spine surgery from January 2017 to July 2018 and 264 patients from July 2018 to January 21. There were no significant differences between the groups in age, sex, ethnicity, body mass index, number of levels fused, or preoperative opioid use. The average number of MMEs, pills prescribed and days in the first postoperative prescription decreased significantly after HB21. Multiple logistic regression revealed that the variable most predictive of MMEs and number of pills in the first postoperative prescription was postlaw status (p=.002, p=.50). ConclusionsFlorida law HB21 was successful in decreasing postoperative opioid prescriptions after spine surgery, however, the need for additional progress remains. Legislation should be combined with multimodal pain regimens, as well as patient and provider education in order to further decrease postoperative opioid requirements. Future studies should include a larger number of patients treated by multiple spine surgeons across multiple institutions in order to further evaluate the effects of HB21 on postoperative opioid prescriptions.

Queering School Leadership Preparation Curricula for Gender Justice in Public Schooling

Recent education policies and laws such as a new rule to Title IX by the U.S. Department of Education (2020) and the Parental Rights in Education (HB 1557, 2022) also known as the “ Don’t Say Gay” law in Florida have important implications for how educational leaders are expected to address issues of gender, sexuality, and school-based sexual violence in public schools. The purpose of this article is to examine how education laws, policies, and practices privilege heteronormative values in our public schools and how the lack of educational preparation of school officials are complicit in the maintenance of hegemonic racial, gender and sexuality structures in public schooling. Structural intersectionality grounds this study and maps the corporeal consequences of systems of oppression while political intersectionality describes the strategies used to fight against those systems of oppression (Crenshaw, 2014). The study uses a qualitative narrative inquiry methodology to examine coursework data of doctoral students in an education leadership program to interpret their understanding of gender justice in teaching and leadership in public schools. Critical policy analysis as a discursive analytic is used in this study to reveal the interrelatedness of theory and method. The implications of this study bear important implications for understanding the need for gender justice curriculum in school leadership preparation programs and offers thoughts on how queering curricula can be an act of education activism.

Not Policies. People

Not Policies. People

Current Topics in Health Care Law

Current Topics in Health Care Law

Handbook of Florida Agricultural Laws: Environmental and Conservation Regulations

This revised document is part of the Handbook of Florida Agricultural Laws, which was designed to provide an accurate, current, and authoritative summary of the principal Florida laws that directly or indirectly relate to agriculture. It provides a basic overview of the many rights and responsibilities that farmers and farm land owners have under Florida laws. Many readers may value this handbook because it informs them about these rights and responsibilities, and it provides them with good contacts for more detailed information. However, the reader should be aware that because the laws, administrative rulings, and court decisions on which this handbook is based are subject to constant revision, portions of this handbook could become outdated at any time. Many details of cited laws are also left out due to space limitations. FE118/FE118: Handbook of Florida Agricultural Laws: Environmental and Conservation Regulations (ufl.edu)

Handbook of Florida Agricultural Laws: Animal Husbandry

This revised document is part of the Handbook of Florida Agricultural Laws, which was designed to provide an accurate, current, and authoritative summary of the principal Florida laws that directly or indirectly relate to agriculture. It provides a basic overview of the many rights and responsibilities that farmers and farm land owners have under Florida laws. Many readers may value this handbook because it informs them about these rights and responsibilities, and it provides them with good contacts for more detailed information. However, the reader should be aware that because the laws, administrative rulings, and court decisions on which this handbook is based are subject to constant revision, portions of this handbook could become outdated at any time. Many details of cited laws are also left out due to space limitations. FE115/FE115: Handbook of Florida Agricultural Laws: Animal Husbandry (ufl.edu)

Handbook of Florida Agricultural Laws: Taxation and Property Rights Related to Agricultural Lands

This revised document is part of the Handbook of Florida Agricultural Laws, which was designed to provide an accurate, current, and authoritative summary of the principal Florida laws that directly or indirectly relate to agriculture. It provides a basic overview of the many rights and responsibilities that farmers and farm land owners have under Florida laws. Many readers may value this handbook because it informs them about these rights and responsibilities, and it provides them with good contacts for more detailed information. However, the reader should be aware that because the laws, administrative rulings, and court decisions on which this handbook is based are subject to constant revision, portions of this handbook could become outdated at any time. Many details of cited laws are also left out due to space limitations. FE119/FE119: Handbook of Florida Agricultural Laws: Taxation and Property Rights Related to Agricultural Lands (ufl.edu)

Handbook of Florida Agricultural Laws: Related Non-Crop or Product Agricultural Topics

This revised document is part of the Handbook of Florida Agricultural Laws, which was designed to provide an accurate, current, and authoritative summary of the principal Florida laws that directly or indirectly relate to agriculture. It provides a basic overview of the many rights and responsibilities that farmers and farm land owners have under Florida laws. Many readers may value this handbook because it informs them about these rights and responsibilities, and it provides them with good contacts for more detailed information. However, the reader should be aware that because the laws, administrative rulings, and court decisions on which this handbook is based are subject to constant revision, portions of this handbook could become outdated at any time. Many details of cited laws are also left out due to space limitations. FE117/FE117: Handbook of Florida Agricultural Laws: Related Non-Crop or Product Agricultural Topics (ufl.edu)

Handbook of Florida Agricultural Laws: Index

This revised document is part of the Handbook of Florida Agricultural Laws, which was designed to provide an accurate, current, and authoritative summary of the principal Florida laws that directly or indirectly relate to agriculture. It provides a basic overview of the many rights and responsibilities that farmers and farm land owners have under Florida laws. Many readers may value this handbook because it informs them about these rights and responsibilities, and it provides them with good contacts for more detailed information. However, the reader should be aware that because the laws, administrative rulings, and court decisions on which this handbook is based are subject to constant revision, portions of this handbook could become outdated at any time. Many details of cited laws are also left out due to space limitations. Published by the UF Department of Food and Resource Economics, May 2022. FE122/FE122: Handbook of Florida Agricultural Laws: Index (ufl.edu)

Handbook of Florida Agricultural Laws: General Agriculture-Related Laws

This revised document is part of the Handbook of Florida Agricultural Laws, which was designed to provide an accurate, current, and authoritative summary of the principal Florida laws that directly or indirectly relate to agriculture. It provides a basic overview of the many rights and responsibilities that farmers and farm land owners have under Florida laws. Many readers may value this handbook because it informs them about these rights and responsibilities, and it provides them with good contacts for more detailed information. However, the reader should be aware that because the laws, administrative rulings, and court decisions on which this handbook is based are subject to constant revision, portions of this handbook could become outdated at any time. Many details of cited laws are also left out due to space limitations. FE114/FE114: Handbook of Florida Agricultural Laws: General Agriculture-Related Laws (ufl.edu)