News & Updates

Florida Constitution

U.S. Supreme Court Overturns Chevron Doctrine

U.S. Supreme Court Overturns Chevron Doctrine

On June 28, the United States Supreme Court overturned the longstanding Chevron doctrine, creating a new era in federal administrative law. The Supreme Court in Loper Bright Enterprises v. Raimondo determined that the federal Administrative Procedure Act requires courts to exercise independent judgment in reviewing whether an agency acted within its statutory authority in its […]

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Lawsuits Target Special Session Reforms

Lawsuits Target Special Session Reforms

In late May, the Florida legislature passed several measures intended to address continuing concerns with Florida’s residential property insurance market.  Lawmakers commented that the new laws will not provide quick fixes; instead, the benefits might take 12-18 months to materialize. Unfortunately, this estimate might prove to be optimistic as two lawsuits have been filed challenging […]

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Constitutional Proposals Could Alter Political Landscape

Constitutional Proposals Could Alter Political Landscape

While the presidential election commands the most attention and dominates the airwaves, a series of proposed constitutional amendments could have significant impacts on Florida politics.  Voters are faced with six potential amendments in 2020.  This is half the number of amendments that appeared in 2018, but the potential changes could be impactful nonetheless. In Florida, […]

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AOB Question Certified to Florida Supreme Court

AOB Question Certified to Florida Supreme Court

Florida’s Fifth District Court of Appeal (DCA) has certified the following question pertaining to Assignments of Benefits (AOB) to the Florida Supreme Court as a matter of great public importance: Does article X, section 4(c) of the Florida Constitution allow the owner of homestead real property, joined by the spouse, if married, to assign post-loss […]

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11th Circuit Reviews Florida Medical Malpractice Cap

11th Circuit Reviews Florida Medical Malpractice Cap

The United States Court of Appeals for the 11th Circuit has determined that Florida’s cap on noneconomic medical malpractice damages (Section 766.118, Florida Statutes) passes constitutional muster under the Equal Protection Clause and Takings Clause of the U.S. Constitution as well as the Takings Clause of the Florida Constitution.  However, the 11th Circuit has certified […]

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