"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."
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:
http://www.flsenate.gov/Session/Bill/2014/1030/BillText/er/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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