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Marijuana petition group calls Florida ruling ‘premature’

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Marijuana petition group calls Florida ruling ‘premature’



Smart and Safe Florida was looking to get an adult-use recreational marijuana amendment on the 2026 ballot.

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  • A petition group aiming to get recreational marijuana on Florida’s 2026 ballot says the state’s announcement of its failure is premature.
  • The group, Smart and Safe Florida, believes it will meet the signature requirement once all submitted petitions are counted.
  • Florida’s Secretary of State announced that the group failed to meet the nearly 881,000 verified signature threshold by the February 1 deadline.

A petition group pushing to get recreational marijuana on Florida’s 2026 November statewide ballot is saying the state’s announcement of its failure to gather enough signatures is “premature.”

Secretary of State Cord Byrd announced Feb. 1 that all 22 citizen-led proposed amendments to the state’s constitution failed to meet Florida law’s signature requirements.

Smart and Safe Florida, the group behind adult-use recreational pot, pushed back.

“We believe the declaration by the Secretary of State is premature, as the final and complete county by county totals for validated petitions are not yet reported,” a spokesperson for Smart and Safe Florida said. “We submitted over 1.4 million signatures and believe, when they are all counted, we will have more than enough to make the ballot.”

The group needed to have met 880,062 signatures by Feb. 1, but the Florida Division of Elections website only listed 783,592 verified signatures. For months, the number was slowly trickling upward, since the group had more than 662,000 verified in November.

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The pot group faced several challenges while seeking to get its petition on the ballot, all stemming from a law the governor approved last year (HB 1205). It brought stricter penalties and deadlines for petition groups, and with it came increased costs to verify petitions by supervisors of elections, effectively making it more costly to gather signatures.

The law is currently being challenged in federal court by a number of petition groups, including Smart and Safe Florida, saying it restricts core political speech. A trial begins Feb. 9.

The law went into effect July 1; a federal judge agreed one provision restricting nonresidents and noncitizens from volunteering from gathering signatures would “impose a severe burden on political expression.”

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U.S. District Judge Mark Walker ruled that state officials couldn’t enforce that part, but a divided appeals court promptly upheld the law, disagreeing with arguments of free speech violations.

But that’s just one hurdle.

Smart and Safe Florida also was entangled in another lawsuit alleging that Byrd violated state-required procedures and was blocking the group’s ballot measure. They also filed against Byrd on a separate issue, accusing him of seeking to invalidate 200,000 petitions without legal basis, but a circuit judge sided with him.

The DeSantis administration had continually lambasted the marijuana proposal when it was on the ballot in the 2024 elections. He held events condemning the ballot measure and contended that Florida lawmakers wouldn’t be able to set guidelines on marijuana use after it passes.

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More recently, Florida’s attorney general escalated its fight against the recreational pot campaign, by accusing Smart and Safe Florida of submitting fraudulent petitions and failing to inform law enforcement. The group countered, saying they complied with state law and reported any suspicions to the Secretary of State’s office.

Attorney General James Uthmeier reacted tongue-in-cheek on social media shortly after Byrd’s announcement, posting a GIF that looked like the opening of a Looney Tunes cartoon, but instead saying, “You hate to see it!”

This reporting content is supported by a partnership with Freedom Forum and Journalism Funding Partners. USA Today Network-Florida First Amendment reporter Stephany Matat is based in Tallahassee, Fla. She can be reached at SMatat@gannett.com. On X: @stephanymatat. 



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Florida

Florida Gov. DeSantis criticizes sheriffs who want undocumented immigration reform

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Florida Gov. DeSantis criticizes sheriffs who want undocumented immigration reform


TALLAHASSEE, Fla. – Gov. Ron DeSantis rebuked some of Florida’s top law enforcement officials Thursday, criticizing their calls to Congress and President Donald Trump to work on a path to citizenship for some undocumented immigrants.

“This idea that unless you’re an axe murderer you should be able to stay, that is not consistent with our laws, and it’s also not good policy,” DeSantis said at an event in Bradenton.

[WATCH: State Immigration Enforcement Council meeting (via The Florida Channel)]

On Monday, the State Immigration Enforcement Council, a group of local law enforcement officials who were appointed to advise the State Board of Immigration Enforcement on illegal immigration enforcement, decided to send a letter to federal government officials asking them to work on a path to citizenship for noncriminal undocumented immigrants who pay a fine.

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“My job as governor is to do what’s best for the people, not what any one person who gets elected in one county thinks,” DeSantis said.

[WATCH: DeSantis unveils an aggressive immigration and border security policy (from 2023)]

Polk County Sheriff Grady Judd, chair of the council, said Monday that immigrants who aren’t criminals should be able to stay in the country, under certain conditions. Other council members, like Pinellas County Sheriff Bob Gualtieri and Charlotte County Sheriff Bill Prummell, agreed with him.

“What’s right’s right, and what’s not’s not,” Gualtieri said at the meeting, “And going after the mom, who’s got three kids, who’s just trying to make a living, who’s been here for 15 years…that isn’t right, and they do need to fix it.”

DeSantis said Florida has become the national standard for illegal immigration enforcement after enacting legislation and pouring hundreds of millions of dollars into law enforcement, state-run detention facilities, and working directly with U.S. Immigration and Customs Enforcement.

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“Who does (border czar) Tom Homan cite as the way to do this? He cites Florida without hesitation,” DeSantis said. “We’ve got to keep the momentum going, we certainly don’t want to backtrack on this.”

Judd and Gualtieri, two of the four sheriffs on the council, have consulted DeSantis and the legislature over the past couple of years about local law enforcement’s role in illegal immigration enforcement.

[WATCH: DeSantis outlines immigration priorities ahead of Trump’s new presidency (from 2025)]

The switch to advocating for a path for citizenship is a 180-degree turn for Judd. Last year in a council meeting, Judd asked Trump to sign more executive orders to allow state law enforcement to expedite the removal of undocumented immigrants, including those who do not have removal orders or criminal records.

But on Monday, Judd suggested writing a letter to elected officials, including Trump, the Speaker of the U.S. House and the U.S. Senate Majority Leader, and federal agencies to work on a path to citizenship.

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All council members except Jacksonville Sheriff T.K. Waters, who was not at the meeting, agreed.

“There are those here that are working hard, they have kids in college, are in school, they’re going to church on Sunday, they’re not violating the law, and they’re living the American dream,” Judd told council members.

After receiving backlash for his comments, at a press conference the day after the meeting, Judd said he heard from sheriffs across the state who called him in support.

The sheriff, who stood his ground and again called for the federal government to work on a path to citizenship for some undocumented immigrants, calling it “common sense.”

“They’re not a drag on society. In fact, they’re helping society. We need to find a path for them,” Judd said.

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[WATCH: Sheriff Judd calls on feds to pull back mass deportation campaign]



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Florida’s Red Wall on Immigration Is Starting to Crack

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Florida’s Red Wall on Immigration Is Starting to Crack


Cracks are widening in the Republican Party’s support for the Trump administration’s hardline approach to immigration enforcement. The latest fissure developed this week in deep-red Florida. A panel of Republican sheriffs and chiefs of police, the backbone of Florida’s law enforcement establishment, agreed on Monday to draft a letter to President Donald Trump and congressional leaders urging them to stop rounding up immigrants who they said arrived in the U.S. “inappropriately” but have otherwis



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Florida hospital sues to evict a patient who won’t leave room 5 months after discharge

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Florida hospital sues to evict a patient who won’t leave room 5 months after discharge


ORLANDO, Fla. (AP) — The patient in Room 373 refuses to leave.

Tallahassee Memorial Healthcare earlier this month sued the patient, saying she has refused to depart her hospital room since being discharged last October. The hospital also has asked a state judge in Tallahassee for an injunction ordering the patient to vacate the hospital room and authorizing the county sheriff’s office to assist if necessary.

The hospital said that resources have been diverted from helping other patients because of her occupation of the room.

“Defendant’s continued occupancy prevents use of the bed for patients needing acute care,” the hospital said in the lawsuit.

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According to the lawsuit, the woman was admitted to the hospital for medical treatment and a formal discharge order was issued Oct. 6 after it was determined that she no longer needed acute care services. The hospital has repeatedly made efforts to coordinate her departure with family members and offered transportation to obtain necessary identification, the lawsuit said.

Rachel Givens, an attorney for the hospital, said Wednesday that the hospital had no comment. Hospital spokeswoman Macy Layton said Wednesday that the hospital couldn’t discuss active legal matters, in response to emailed questions, including about what type of identification the patient needed. The lawsuit doesn’t say what the patient was treated for, what her hospital bill was or how she was able to stay at the hospital for more than five months despite being discharged.

No attorney was listed for the patient, who is representing herself. Phones numbers listed in an online database for the patient were disconnected. No one answered the phone when a call was put through to her room at the hospital.

An online court hearing on the lawsuit is scheduled for the end of the month.

Under the federal Emergency Medical Treatment and Labor Act, hospitals that receive Medicare funds must provide treatment that stabilizes anyone coming to an emergency department with an emergency medical condition, even if the patient doesn’t have insurance or the ability to pay. Hospitals can be investigated by the federal Centers for Medicare & Medicaid Services for violations.

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The patient can be discharged when the clinicians have determined that any further care can be provided as an outpatient, “provided the individual is given a plan for appropriate follow-up care as part of the discharge instructions,” the federal agency said in an operations manual.

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Follow Mike Schneider on the social platform Bluesky: @mikeysid.bsky.social.





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