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.
Key facts
- Angelo Giambrone, a Hillsborough County Fire Rescue firefighter paramedic, was selected for a random urine drug test on February 26, 2019, and tested positive for marijuana; the County received the result on March 1, 2019.
- The trial court found no evidence that Giambrone used or possessed marijuana on County premises or during work hours, no performance evaluations alleging impairment, and no prior complaints or suspicion of impairment; the County placed him on unpaid administrative leave.
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Holdings
- A Florida medical marijuana card is not a 'prescription' within a CBA definition keyed to section 893.02, Florida Statutes, because section 893.02(24) requires an order capable of meeting…
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Why it matters
This is the leading Florida appellate statement to date on whether employers must accommodate off-duty medical marijuana use, and it is squarely employer-favorable. Employment and public-entity counsel now have binding… — full analysis with a trial
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