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Florida Law
Blockbuster law cases with lasting significance
Other Significant Cases
Scott v. Williams
Summary: Facing a $2-billion state budget deficit, Gov. Rick Scott sought to force the state’s 623,000 workers to contribute 3% of their pay toward the state retirement system. The governor got what he wanted. In a 4-3 vote, the Florida Supreme Court overturned a lower court ruling that had declared Scott’s proposed pension changes to be unconstitutional. The Florida Supreme Court found that the changes didn’t infringe on workers’ contractual rights or violate collective bargaining rights.
Significance: The decision shifted Florida’s retirement system from a noncontribution plan to a contributory one — a move that will save the state an estimated $861 million a year.
Public Defender, 11th Judicial Circuit of Florida v. Florida
Summary: The Miami-Dade Public Defender’s office, covering the largest and busiest of the state’s 20 judicial circuits, employs nearly 200 assistant public defenders who handle about 90,000 cases a year. Overwhelmed by its caseload, the office asked for the ability to reject some cases. The Florida Supreme Court, voting 5-2, approved the request over the objections of Attorney General Pam Bondi and some state prosecutors.
Significance: In her majority opinion, Florida Supreme Court Justice Peggy Quince wrote the case represents a “damning indictment” of the state’s representation of criminal defendants who can’t afford an attorney. The decision means private attorneys in Miami-Dade will have to pick up the slack on the cases that public defenders don’t take. Bruce Jacob, a Stetson University law professor, says the case indicates that the state’s indigent defense system is “terribly” underfunded. “There has to be more money pumped into the system if it’s going to work,” he says.
Florida v. Zimmerman
Summary: In a now infamous encounter, Sanford neighborhood watch volunteer George Zimmerman shot and killed Trayvon Martin, an unarmed teenager.
Significance: While Zimmerman did not use a stand-your-ground defense during his 2013 trial and subsequent acquittal, his case opened an avalanche of stand-your-ground debates and discussions in Florida and the country. In November, a panel of Florida legislators defeated an effort to repeal Florida’s version of the law.
Tiara Condominium Association v. Marsh & McLennan Cos.
Summary: After the Palm Beach County condominium was damaged during two 2004 hurricanes — Frances and Jeanne — the condominium sued the insurance broker, claiming breach of contract over how much the insurance company — Citzens Property Insurance Company — was obligated to pay for repairs. The condo wanted $100 million, but Citizens offered only $50 million. A settlement was reached — $89 million to the condo association — but the contract dispute between the condo and the broker went all the way to the Florida Supreme Court.
Significance: Raoul G. Cantero, a former Florida Supreme Court justice and now a partner at White & Case in Miami, says the court’s decision “severely limits the economic loss rule, which had been expanding for many years.” The decision, he says, now limits the rule to product liability cases. He says this is important because the rule, which limits some tort claims, could previously be applied to an assortment of contract disputes.
Association for Molecular Pathology v. Myriad Genetics
Summary: The U.S. Supreme Court looked at patent rights pertaining to DNA.
Significance: Although the case originated in New York, the decision matters to Florida’s growing biotech sector: Researchers can’t patent naturally occurring genes, but can patent the process for isolating them. Also, synthetic genes are patentable.
