Volume 92, No. 8 September/October 2018
Florida's 2017-2018 Constitution Revision: It's Your Turn to Decide
Thirty-seven Floridians, including 21 law school graduates, completed a task this past May that was awesome in the original meaning...
Amendment 6: Rights of Crime Victims; Judges
Amendment 6 comprises three proposals that have to do with the judicial branch, though each is distinct from the others....
Amendment 7: First Responder and Military Member Survival Benefits; Public Colleges and Universities
The first part of the proposed revision creates the State College System as a constitutional entity. Fla. Const. art. IX...
Amendment 8: School Board Term Limits and Duties; Public Schools
Amendment 81 would impose term limits on school board members; increase the legislature’s ability to authorize the creation of certain...
Amendment 9: Prohibits Offshore Oil and Gas Drilling; Prohibits Vaping in Enclosed Indoor Workplaces
Amendment 9 seeks to ban the exploration or extraction of oil or natural gas in Florida’s state waters. It would...
Amendment 10: State and Local Government Structure and Operation
The 2018 Florida Constitution Revision Commission (CRC) sent Proposal 6005, titled “State and Local Government Structure and Operation,” to the...
Amendment 11: Property Rights; Removal of Obsolete Provision; Criminal Statutes
This amendment combines three proposals that were first individually passed by the commission. Repeal of Florida Alien Land Law The...
Amendment 12: Lobbying and Abuse of Office by Public Office Holders
Fla. Const. art. XI, §2, mandates that a 37-member revision commission meet every 20 years for the purpose of reviewing...
Amendment 13: Ends Dog Racing
Amendment 13, the last constitutional amendment on the ballot,1 amends Fla. Const. art. X, by adding a new section. The...
Litigation Privilege Immunity: For Presuit Communications, It's Not Absolute
The practice of law is laden with pitfalls that can wake a good litigator up in the middle of the...
Showing Constitutional Malice in Media Defamation
There is a myth that it is virtually impossible for a public figure to successfully sue the media for defamation....
Protecting the Judicial Branch, One Message at a Time
Before most Floridians had even thought about the words “constitution revision commission” strung together in a single sentence, The Florida...
LegalFuel: A Playbook for Profitability
I am excited about this upcoming year and finding ways to make the Bar a vital resource for you, both...
Rule or No Rule? An Examination of Recent Unadopted Rule Challenge Decisions
Florida law requires that each agency statement defined as a rule be adopted via the administrative rulemaking process.1 When an...
The Proposed Constitutional Amendment to Ban Greyhound Racing in Florida: The Time Is Now
Once every 20 years, Florida convenes a Constitution Revision Commission (CRC) to review and propose amendments to the Florida Constitution.1...
To Err is Human, But the Tipsy Coachman Rule Can Get the Trial Judge Home
Florida intermediate appellate courts are error-correcting courts. We all know that. So when does a Florida appellate court not correct...
What Are You: A Hotel Guest, Tenant, or Transient Occupant?
Florida hotels occasionally encounter the following problem: They want a guest gone, but the guest cannot be easily removed because...
State Assumption of the Federal Dredge-and-Fill Permitting Program: The Search for the "Holy Grail"
State assumption of the U.S. Army Corps of Engineers (corps) dredge-and-fill permitting authority has been regarded by some as the...
Adverse Employment Actions Based on Associational Disability Discrimination
We have all heard the sayings about our choices, or lack thereof, of the people in our lives: “You can...
Reasonable Answer Done the Wrong Way: Supreme Court Overturns Quill in South Dakota v. Wayfair, Inc.
The U.S. Supreme Court gave states a reason to celebrate and online retailers with shoppers alike, a reason to mourn...
Only One Can Win? Property Tax Exemptions Based on Residency Under Florida Law
Clients want to move to Florida and keep their residency-based property tax exemption afforded in their prior state of residence....
The Disproportionate Impact of Heirs Property in Florida's Low-Income Communities of Color
Heirs’ property refers to a type of tenancy in common in which multiple owners obtain undivided, fractional interests in real...
