Donivon Craig Tingle v. Florida Department of Health
1. Whether the actions of Florida, through its legislative and executive branches in passing, implementing, and enforcing the Rule and the Statute constitute government action that discriminates between similarly situated members of a suspect class based solely upon their race without serving a compelling governmental interest and narrowly tailored to support that interest.
2. Whether strict scrutiny is the correct standard of Constitutional review to apply to race-based discrimination and did the trial court properly apply that standard.
3. Whether Florida has violated the Petitioner's rights to Equal Protection under the United States Constitution, the Florida Constitution, and United States Supreme Court precedent by affording greater rights and protections to recognized black-class members to the exclusion of Native American-class members similarly situated.
4. Whether the actions of the lower courts either singularly or combined violate the Due Process rights afforded under the U. S. Constitution and the Florida Constitution and inure for the benefit and protection of the Petitioner, a Native American and Keepseagle class member.
5. Whether this Court and the lower courts have the Inherent Power to order the Florida Department of Health to issue a Medical Marijuana Treatment Center (MMTC) license to Petitioner based upon the well-settled powers and principles of the Inherent Powers Doctrine.
Whether the actions of Florida constitute government action that discriminates between similarly situated members of a suspect class based solely upon their race without serving a compelling governmental interest and narrowly tailored to support that interest