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Jennifer A. Tschetter

Jennifer A. Tschetter

Of Counsel

Overview

Jennifer Tschetter is actively involved in all aspects of the medical marijuana industry through her representation of applicants for licensure, licensed medical marijuana treatment centers, and ancillary businesses. She has worked in both the public and private sector since the inception of this burgeoning industry in Florida and now works exclusively with clients in the private sector to find solutions to new and complex issues. Jennifer is familiar with all aspects of the industry, including licensure requirements, operational compliance, complex business transactions, and corporate governance.

Her administrative law and general government consulting activities on behalf of clients include assistance with rulemaking, licensing, disciplinary disputes, government procurement, regulatory compliance as well as all types of administrative litigation. Jennifer’s clients benefit from her 10 years of public sector experience, predominantly at the Florida Department of Health, where she served as general counsel for nearly three years. As chief of staff and ultimately chief operating officer for the Department, she was responsible for more than 16,000 employees at 250 locations and a budget of $2.8 billion. Jennifer started her public service career at the Department of Business and Professional Regulation.

Jennifer is the co-chair of the firm’s national Cannabis Group.

Featured Insights

Experience

  • Administrative Litigation: Counsel for state agencies in a range of administrative proceedings, including variance requests, declaratory statements, challenges to agency action, licensure disputes, and disciplinary proceedings.
  • Rulemaking: Lead policymaker on several statewide rulemaking initiatives including trauma center apportionment, cannabis, and clinical eligibility for the Department’s specialty managed care plan; lead counsel in several rule challenges proceedings including trauma center apportionment.
  • Appeals: Appellate counsel for the state of Florida with opportunity to brief more than 50 cases on appeal and handle oral arguments in all the district courts of appeal.
  • Government Procurement: Created and supervised a centralized contract management unit for the Department of Health, participated in bid protest litigation, and provided counsel to the Department’s purchasing unit.
  • Managed Care: President of the Florida Department of Health’s specialty Medicaid managed care plan, which was comprised of more than 500 employees in 20 locations around the state serving more than 66,000 children with an annual budget of approximately $1 billion.
  • Federally Qualified Health Centers: Provided legal counsel to two federally qualified health centers including drafting all necessary agreements, establishing policies and procedures, assisting with grant applications, all legal aspects of daily clinic operations, and discussions with the Health Resources and Services Administration.
  • Legislative Advocacy: Delivered several legislative presentations, represented the department at estimating conferences, and was responsible for drafting and advocating for the department’s legislative initiatives.

Representative Published Decisions

  • Fla. Med. Cannabis Ass'n v. Dep't of Health, Division of Administrative Hearings, 14-4517RP.
  • Shands Teaching Hosp. & Clinics v. Dep't of Health, Division of Administrative Hearings, 14-1022 RP.
  • Munroe Reg'l Health Sys., Inc. v. Dep't of Health, No. 2012 CA 004096 (Fla. Cir. Ct. Leon Cty.).
  • Goodson v. Dep't of Bus. & Prof'l Regulation, Div. of Real Estate, 978 So. 2d 195 (Fla. 1st DCA 2008).
  • Hurley v. Dep't of Bus. & Prof'l Regulation, 965 So. 2d 359 (Fla. 4th DCA 2007).
  • Brother J  Inc. v. Dep't of Bus. & Prof'l Regulation, Div. of Alcoholic Beverages & Tobacco, 962 So. 2d 1037 (Fla. 1st DCA 2007).
  • Gonzalez v. Dep't of Bus. & Prof'l Regulation, 958 So. 2d 494 (Fla. 1st DCA 2007).
  • Nicks v. Dep't of Bus. & Prof'l Regulation, 957 So. 2d 65 (Fla. 5th DCA 2008).
  • Midgett Dev., Inc. v. Constr. Indus. Licensing Bd., Dep't of Bus. & Prof'l Regulation, 947 So. 2d 1173 (Fla. 2d DCA 2007).

Recognition

  • Florida Legal Elite, Government and Non-Profit Lawyers, Florida Trend Magazine (2013, 2015)

Professional & Community Involvement

  • The Florida Bar (2001–present)
    • Health Law Section (2009–present)
    • Administrative Law Section (2009–present)
    • Government Lawyer Section
  • State Bar of South Dakota (2005)

Speaking Engagements

  • "Regulatory Issues for Cannabis Businesses," New Leasing and Regulatory Issues for Medical Marijuana Businesses, The Florida Bar Real Property, Probate, and Trust Law Section (February 13, 2019)

Credentials

Education
  • University of South Dakota School of Law (J.D., Sterling Honors, 2001)
  • South Dakota State University (B.S., 1998)
Bar Admissions
  • Florida
  • South Dakota
Court Admissions
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Northern District of Florida
  • U.S. District Court, Southern District of Florida

Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.