Hillsborough County v. Angelo Giambrone
The Second District reversed a final summary judgment for a firefighter paramedic who tested positive for marijuana and presented a medical marijuana card, holding that a card is neither a 'prescription' nor a 'nonprescription medication' as the collective bargaining agreement defined those terms by incorporation of chapters 893 and 465. The court further held that article X, section 29 of the Florida Constitution and section 381.986, Florida Statutes, are written as limitations and disclaimers and cannot be read by negative implication to create an affirmative employer duty to accommodate off-duty medical marijuana use. Independently, the court held that the sweeping countywide prospective decree — unpleaded, unrequested, and running to nonparties — was fundamental error requiring reversal.
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