Case law

In re Amendments to the Rules Regulating the Florida Bar—Florida Registered Paralegal Program

32 Fla. L. Weekly Supp. 712 · Supreme Court of Florida · Nov 15, 2007

Rule 20-3.1, the only rule under subchapter 20-3, establishes three alternative ways to qualify as a Florida Registered Paralegal (FRP): (1) by having the prescribed education and experience; (2) by having the prescribed … SUBCHAPTER 20-9 IMMUNITY. There is only one rule in this subchapter.

Hill v. Hill

415 So. 2d 20 · Supreme Court of Florida · Apr 29, 1982

Interspousal tort immunity is a judicial doctrine established to protect the family unit. … We recognize that intentional tortious conduct by one spouse against the other clearly shows marital disharmony and, in many instances of serious tortious conduct by one spouse against the other, a dissolution proceeding

American Home Assur. v. NAT. RR CORP.

908 So. 2d 459 · Supreme Court of Florida · Jul 7, 2005

Fla.2000-22 (2000) (advising county that it may not agree to indemnify another party to a contract or alter the state's waiver of sovereign immunity beyond the limits established in section 768.28); Op. Att'y Gen. … While the crossing agreement is a contract, the provision at issue clearly relates to tort liability.

Tuyuana L. Morris, etc. v. Orlando S. Muniz, M.D.

252 So. 3d 1143 · Supreme Court of Florida · Sep 6, 2018

Thompson's affidavit clearly established her qualifications, that should have been the end of the matter. … We conclude that neither section 766.203(4) nor our opinion in Williams allows a deposition of a presuit expert where, as in this case, the presuit expert's affidavit clearly establishes that the expert is qualified under

Anthony Rojas v. University of Florida Board of Trustees

Supreme Court of Florida · Jul 17, 2025

Section 1009.24(14)(r) authorizes universities to establish “transportation access fees.” … Because “the legislature has clearly intended” that the contracts it authorizes “be valid and binding on both parties,” it therefore waives the sovereign immunity that would render them not binding on the government.

Bifulco v. Patient Business & Financial Services, Inc.

35 Fla. L. Weekly Supp. 368 · Supreme Court of Florida · Jun 24, 2010

BACKGROUND Patient Business & Financial Services (PBFS) is a nonprofit corporation established solely to perform billing services for Halifax Hospital Medical Center, which is a special taxing district of the State of Florida … The First District in Kelley held that “[a]n action for retaliatory discharge under section 440.205 is clearly a ‘tort’ within the meaning of section 768.28 and presuit notice is therefore required. Scott v.

Kaisner v. Kolb

543 So. 2d 732 · Supreme Court of Florida · Mar 30, 1989

would be liable in the absence of such immunity.'" … Were we to establish a rule preventing officers from ordering motorists to the roadside, then we improperly would be entangling ourselves in matters involving basic policy evaluation or planning.

Pinellas County v. Carlson

242 So. 2d 714 · Supreme Court of Florida · Dec 9, 1970

In protecting the property rights of our citizens, this Court should establish a procedure by which the condemnee, or victim, is given every opportunity to establish the true value of his property when confronted with the … I am aware of no post-Shell appellate decision in this State which has undertaken the Herculean task of crystalizing the nature of the qualified discovery immunity accorded an adverse party's expert witness.

Provident Mgmt. v. City of Treas. Island

718 So. 2d 738 · Supreme Court of Florida · May 7, 1998

In my view, the City's conduct is an exercise of both its legislative and police power functions, which are clearly protected by sovereign immunity. Trianon Park Condominium Ass'n v. … That is clearly judicial legislation and contrary to the exclusive authority of the legislature to waive sovereign immunity under article X, section 13, of the Florida Constitution.

Doe v. America Online, Inc.

783 So. 2d 1010 · Supreme Court of Florida · Mar 8, 2001

AOL falls squarely within this traditional definition of a publisher and, therefore, is clearly protected by § 230's immunity. Zeran, 129 F.3d at 331-32 (emphasis added). … The federal trial court concluded that AOL qualified for statutory immunity pursuant to § 230, finding no record evidence that AOL had provided any of the stock quote information at issue.

Burgess v. Burgess

447 So. 2d 220 · Supreme Court of Florida · Mar 15, 1984

Our determination that this is a legislatively established exception to the doctrine of interspousal tort immunity is supported by strong policy grounds as well as by the literal statutory construction. … But he cannot, under long-established principles, be civilly sued by Mrs. Burgess.

In Re Executive Assignment of State Attorney

298 So. 2d 382 · Supreme Court of Florida · Aug 6, 1974

Florida Statutes, Section 27.14, requires that such extension be approved by the Supreme Court of Florida which thus far has not been done, and such law clearly indicates a public policy that a State's Attorney should not … The order being reviewed grants immunity from investigation and indictment to political candidates. The order does not give such immunity to other persons.

Young v. Progressive Southeastern Ins. Co.

25 Fla. L. Weekly Supp. 120 · Supreme Court of Florida · Feb 10, 2000

The Youngs alleged that their damages exceeded the limits of self-insurance established by the Sheriff's Office. … Thus, under section 768.28(13), the City qualifies as a self-insurer against tort liability.

Sturiano v. Brooks

523 So. 2d 1126 · Supreme Court of Florida · Mar 24, 1988

The doctrine of interspousal tort immunity has a long and established history in Florida law. … Snowten is clearly distinguishable on the facts. In that case, because both spouses were alive, the policy reasons for barring the action were strong.

Advisory Opinion to the Attorney General Re: Adult Personal Use of Marijuana

Supreme Court of Florida · Apr 1, 2024

Applies to Florida law; does not change, or immunize violations of, -4-  federal law. Establishes possession limits for personal use. Allows consistent legislation. … There, the proposed amendment allowed the use of medical marijuana, removed state penalties and liability for such -8- use, established the distribution of marijuana through qualified

Hardee County, Florida, etc. v. FINR II, Inc., etc.

42 Fla. L. Weekly Supp. 613 · Supreme Court of Florida · May 25, 2017

Therefore, the Act must be construed narrowly, no more broadly than clearly specified. See Rudnick, 761 So.2d at 293 . … In addition to being a derogation of common law, the Act is also a waiver of sovereign immunity; This Court construes waivers of sovereign immunity narrowly to protect public funds.

Advisory Opinion to the Attorney General Re: Regulate Marijuana in a Manner Similar to Alcohol to Establish Age, Licensing, and Other Restrictions

Supreme Court of Florida · Jun 17, 2021

Does not affect compassionate use of low-THC cannabis, nor immunize federal law violations. … Here, we address only one of the issues raised by the opponents of the measure—an issue that is clearly dispositive.

Department Hrs v. Bjm

656 So. 2d 906 · Supreme Court of Florida · Apr 27, 1995

If the questions posed in Evangelical can be clearly and unequivocally answered yes, then the challenged act is probably policy-making, planning, or judgmental activity which is immune from tort liability. … However, it is undisputed that HRS was providing services to B.J.M. pursuant to a permanent placement plan established by court order.

Jones v. Florida Power Corp.

72 So. 2d 285 · Supreme Court of Florida · Apr 6, 1954

The lower court, in ruling on this motion in defendants' favor, said: "Upon the admitted facts and law hereinbefore set forth or referred to, it appears clearly to the undersigned Circuit Judge that Florida Power Corporation … His immunity from suit is commensurate with his liability for securing compensation — no more and no less.

Hargrove v. Town of Cocoa Beach

96 So. 2d 130 · Supreme Court of Florida · Jun 28, 1957

Fortune, 3 Fla. 19 , the Men of Devon decision was very clearly explained and distinguished. … We here merely recede from the prior cases in order to establish a rule which we are convinced will be productive of results more nearly consonant with the demands of justice.