FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF
Appeals from the Circuit Court for Pasco County; Linda H.
Jo Bondi, Attorney General, Tallahassee, and Dawn A. Tiffin,
Assistant Attorney General, Tampa, for Appellant.
Mander, III and Keeley R. Karatinos of Mander Law Group, Dade
City, for Appellee William Crumbley.
Christopher E. Cosden, Fort Myers, for Appellee Tosha Jo
LaROSE, Chief Judge.
consolidated appeal, the State seeks review of the trial
court's order dismissing the informations. We have
jurisdiction. See Fla. R. App. P. 9.140(c)(1)(A).
Section 458.3265, Florida Statutes (2010 and 2011),
criminalizes the operation of a pain management clinic
without a license. The trial court found the statute
unconstitutionally vague. We reverse and remand for further
Medical Group was founded in 2009. Following an
investigation, the Pasco County Sheriff's Office executed
a search warrant for Harbour Medical in late 2011. A few
months later, law enforcement officers arrested Dr. William
Crumbley, a physician at Harbour Medical since its founding.
They also arrested Tosha Jo Robbins, who had served as
Harbour Medical's office manager for approximately two
made incriminating statements. Dr. Crumbley's arrest
affidavit reflects that he told a detective that "he
knew he was participating in the operation [of] a pain
management clinic without a license." Ms. Robbins'
arrest affidavit indicates that she "admitted the
Harbour Medical Group was acting as a pain management clinic,
but denied knowing they had no license to act as such."
State charged Dr. Crumbley and Ms. Robbins,  in separate
cases, with one count each of violating section 458.3265,
third-degree felony. The charged conduct occurred "on or
between" October 14, 2010, and December 13, 2011. Thus,
the offenses implicate the 2010 version of the statute and
the amended 2011 version. See ch. 2010-211,
§§ 4, 14, at 2632-38, 2649, Laws of Fla. (making
October 1, 2010, the effective date of section 458.3265); ch.
2011-141, §§ 4, 31, at 2198-2207, 2247, Laws of
Fla. (amending section 458.3265 effective July 1, 2011).
Crumbley and Ms. Robbins moved to dismiss the informations.
They claimed that the 2010 and 2011 versions of section
458.3265 were unconstitutionally vague, both facially and
as-applied. After hearing argument of counsel, the trial
court granted the motions in a written order. The trial court
took no testimony, received no evidence, and made no factual
2010 version of section 458.3265 required registration of
"[a]ll privately owned pain-management clinics,
facilities, or offices, hereinafter referred to as
'clinics, ' which advertise in any medium for any
type of pain-management services, or employ a physician who
is primarily engaged in the treatment of pain by prescribing
or dispensing controlled substance medications." §
458.3265(1)(a), Fla. Stat. (2010).
trial court found this provision unconstitutionally vague
because it failed to define the terms "primarily"
and "pain." The trial court noted the "fact
that physicians engage in the treatment of injuries and
diseases . . . which involve some degree of pain." The
trial court stressed that the provision lacked normative
standards and "cast its net so broadly as to require
doing an act in terms so vague that men and women of common