LAURI BURRIS, GREGORY F. BURRIS
v.
STATE OF FLORIDA
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A trial court applying chapter 499, Florida Statutes, does not act in excess of its jurisdiction, and the State bears the burden of proving that substances were drugs for purposes of chapter 499.
[1] The burden is on the State to prove that substances were drugs as defined by chapter 499, Florida Statutes, in a prosecution for misbranding under that chapter.
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Join FLexlaw to unlock all legal intelligence“prohibition is an extraordinary writ by which a superior court may prevent an inferior court . . . from acting outside its jurisdiction”
Court explained the limited scope of the prohibition remedy.
Petitioners sought a writ of prohibition challenging the trial court's application of chapter 499 regarding the regulation of allegedly misbranded sub…
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Inc., 605 So. 2d 850, 853 (Fla. 1992))). Going forward in the trial court, it will be the State’s burden to prove its charges that the substances allegedly misbranded by the Petitioners were drugs for purposes of chapter 499. See § 499.003(18), Fla. Stat. (2015) (defining a “drug” as that term is used in Part I of the Florida Drug and Cosmetic Act).
WOLF, OSTERHAUS, and WINSOR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Mitchell A. Stone, Jacksonville Beach, H. Franklin Robbins, Jr., Orlando, and Steven G. Mason, Altamonte Springs, for Petitioners. Pamela Jo Bondi, Attorney General, and Sharon S. Traxler, Assistant Attorney General, Tallahassee, for Respondent.
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