Legal Precedents Set in Florida

The Supreme Court of the State of Florida has awith taxpayer money in their Decision on Opportunity
long history of legislation and setting legal precedents.Scholarships. "As the dissent and the First District
The following are a few highlights of legal precedentsCourt of Appeal stated, 'Nothing in Article IX, Section
set in Florida:1 clearly prohibits the Legislature from allowing the
1. Recently, in the case of a 14-year-old boy killed inwell-delineated use of public funds for private school
an ATV racing accident, the Florida Supreme Courteducation, particularly in circumstances where the
ruled 4 to 1 in favor of the boy's parents who suedLegislature finds such use is necessary.' It marks the
the ATV Park operator for their child's death. Justicefirst time the Florida Supreme Court has struck an
Harry Lee Anstead wrote in the majority opinioneducational program only because private schools
"Florida's children and parents need not worry, afterparticipate equally in it.
today's decision, that careless commercial operators5. In 2006, the Supreme Court struck down a law
may be immunized from their carelessness by thepassed by the Florida legislature that had created the
presence of an exculpatory clause in a ticket forUnited States' first state-wide education voucher
admission."program.
2. In September of 2008, a proposed constitutional6. In Engle v. Liggett Group, the Supreme Court of
amendment in Florida which could have resulted in aFlorida ordered decertification of a class action lawsuit
serious battle over taxing business services such asagainst big tobacco companies that effectively
advertising was thrown off the November ballot by areversed the largest punitive damage jury award,
unanimous decision of the Florida Supreme Court$145 billion, in U.S. history.
yesterday. In April, the Florida Taxation and Budget7. In 2004, the court struck down a piece of
Reform Commission approved a proposedlegislation from the Florida legislature designed to
constitutional amendment to significantly overhaul thereverse a lower court decision in the Terri Schiavo
way the State pays for schools - Amendment 5. Thecase.
proposed amendment directed the legislature to8. In the 2000 presidential election controversy, the
choose among one or more of four options forSupreme Court of the United States overturned the
making up the lost revenue: "(1) repealing sales taxFlorida Supreme Court after it had ordered a
exemptions "which are determined not to advance orstatewide recount.
serve a public purpose;" (2) increasing the current9. In 1999, a dissenting opinion by one of the Justices
sales tax rate by one percent; (3) spending cuts insparked a world-wide debate over the use of
other state programs; and (4) "other revenuesFlorida's electric chair, which may have led to events
identified or created by the legislature."that caused the Florida Legislature to adopt lethal
3 In October 2008, the Florida Supreme Courtinjection as the state's method of execution only a
announced its final ruling in Murray v. Mariners Healthfew months later.
ACE USA, reinstating hourly attorneys' fees inThese are just a few of the legal precedents state
workers compensation cases.set in Florida. It will be interesting to see what future
4. In January, 2006, the Florida Supreme Court deniedprecedents will be set in Florida.
the state of Florida the ability to fund private schools