          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
                   _____________________________

                           No. 1D17-4536
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LAURI BURRIS, GREGORY F.
BURRIS, DOUGLAS O. ROWE,
RONALD E. BROWN, JR., JACOB
CHAPMAN, and MELISSA BURRIS,

    Petitioners,

    v.

STATE OF FLORIDA,

    Respondent.
                   _____________________________


Petition for Writ of Prohibition—Original Jurisdiction.

                         November 6, 2018

                   ON MOTION FOR CLARIFICATION

PER CURIAM.

    We grant the motion for clarification. Our prior opinion is
withdrawn and the following opinion is substituted in its place:

      The petition for writ of prohibition is denied. As to the
application of chapter 499, Florida Statutes (2015), Petitioners
have not shown that the trial court is attempting to act in excess
of its jurisdiction. See Scott v. Francati, 214 So. 3d 742, 748 (Fla.
1st DCA 2017) (noting that “[p]rohibition is an extraordinary writ
by which a superior court may prevent an inferior court . . . from
acting outside its jurisdiction” (quoting Mandico v. Taos Const.,
Inc., 605 So. 2d 850, 853 (Fla. 1992))). Going forward in the trial
court, it will be the State’s burden to prove its charges that the
substances allegedly misbranded by the Petitioners were drugs for
purposes of chapter 499. See § 499.003(18), Fla. Stat. (2015)
(defining a “drug” as that term is used in Part I of the Florida Drug
and Cosmetic Act).

WOLF, OSTERHAUS, and WINSOR, JJ., concur.

                  _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
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Mitchell A. Stone, Jacksonville Beach, H. Franklin Robbins, Jr.,
Orlando, and Steven G. Mason, Altamonte Springs, for Petitioners.

Pamela Jo Bondi, Attorney General, and Sharon S. Traxler,
Assistant Attorney General, Tallahassee, for Respondent.




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