At the time Kriseman admitted that chances of the bill even getting heard in committee were slim, since he was asking the same Republican-led Legislature to repeal a bill they had just approved.
That bill never did come up in the 2012 session, but it's now history, as U.S. District Judge Marcia G. Cooke ruled late last week that the law violates the First Amendment because it “restrict[s] a practitioner’s ability to provide truthful, non-misleading information to a patient about the truthful risks of guns.”
The suit was filed by the American Academy of Pediatrics, Florida Chapter; American Academy of Family Physicians, Florida Chapter; American College of Physicians, Florida Chapter, three other doctors, and the Brady Center to Prevent Gun Violence.
The legislation threatened doctors with loss of their medical licenses and fines of up to $10,000 if they dare to ask their patients whether they own guns.
At the news conference last fall promoting Kriseman's bill, St. Pete based allergist Dr. Mona Mangat said she and her colleagues were outraged when they learned the bill was passed, which prohibited pediatricians from asking any questions about gun use or ownership unless it is relevant to their patients' care or safety.
"Will it be okay for the legislature or the governor to make it illegal to ask parents of asthmatic children if they smoke?" she asked. "Would it be okay with them if we ask patients with sexually transmitted diseases about their sexual habits or if they use protection? Is it still going to be okay to ask patients if they drink alcohol or use intravenous drugs? Are the proponents of this law trying to practice medicine without a license? I think so."
In September the same judge who threw the law out on Friday, Marcia Cooke, granted the physicians’ motion to enjoin the law. Though there is no word on how much the legal fees cost the state of Florida, an attorney for the Brady Center said at the time that he thought it would be "in the millions."