On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction in the case of Texas Top Cop Shop, Inc. v. Garland, temporarily halting the enforcement of the CTA and its beneficial ownership reporting requirements. The court also stayed all deadlines for compliance.

On December 23, 2024, the U.S. Court of Appeals for the Fifth Circuit issued an order staying the injunction. As a result, reporting companies were once again required to submit beneficial ownership information to the Financial Crimes Enforcement Network (FinCEN). Most companies were required to file by a new, extended deadline of January 13, 2025.

The renewed reporting requirement was short-lived, though, because in yet another turn of events, on December 26, 2024, the same appellate court vacated its stay of the injunction. Accordingly, reporting companies under the CTA are no longer required to file a BOI report while the Court debates the merits of the case. 

Given this continued uncertainty, reporting companies should make a determination as to whether to submit their BOI report voluntarily or await an appellate decision on the injunction. For those companies that decide to wait, completing the analysis to identify their beneficial owners under the CTA may facilitate filing in the event enforcement of the law is reinstated. This is an extremely fluid situation. If you decide not to file, you need to make sure that you are closely following the decisions rendered in the Texas Top Cop Shop case.

For those reporting companies that choose to file voluntarily or need assistance in determining their beneficial owners, our Firm remains ready to assist them in navigating the process and ensuring compliance with the requirements.

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Specifically, a former Emergency Medical Technician (“EMT”) for Hillsborough County brought suit against the County after the County suspended him for testing positive for marijuana in a random drug test. The Court determined that the County violated the Florida Civil Rights Act by failing to accommodate the EMT’s legal use of medical marijuana outside of work hours despite the fact that the State’s medical marijuana statute does not require an employer to accommodate the medical use of marijuana. The EMT had provided a valid Medical Marijuana Card issued by the Florida Department of Health, confirming his prescription for treating anxiety, PTSD, and insomnia. The Court emphasized that Article X, Section 29 of the Florida Constitution allows qualified patients to use medical marijuana off-site and requires employers to make reasonable accommodations for such use.

This trial court decision, while noteworthy, holds no precedential value and does not affect other courts throughout the state of Florida. Employers may still wish to consider whether to adopt policy changes in light of the issues raised by this ruling. If you have any questions or need assistance regarding this matter, please feel free to reach out to us.

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