Legal Updates

SARASOTA HEALTH REIMBURSEMENTS The Florida Supreme Court overruled a 2nd District Court of Appeal ruling concerning a “special law’ for Sarasota County.  In 2003, the Legislature approved a measure requiring the county to reimburse local private hospitals who serve impoverished individuals.  The District Court had ruled the measure invalid because it singled out private hospitals only.  However, the higher court determined the wording of “hospitals” in the law applies to both public and private, thereby validating the law.

DEATH ROW CASE The Florida Supreme Court has once again ruled that resentencing is not required in death penalty cases where the vote by the jury was not unanimous.  The suit was brought by an inmate in reaction to the U.S. Supreme Court ruling which led to Florida adopting a unanimous consent decree.

HOMEOWNER CANKER REIMBURSEMENT The State has lost several lawsuits brought by private homeowners seeking financial reimbursement for the removal of their citrus trees by the State while battling citrus canker.  The Legislature approved an appropriation of $37.4 million for this purpose, but the Governor vetoed that line item.  Plaintiffs sought relief before the Florida Supreme Court, but the Court opined they could not legally overturn a veto, but did write that the State does owe the money and should pay it to homeowners.

 

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