CREDIT CARD SURCHARGES Florida has had a statute barring businesses from adding a credit card surcharge to purchases. However, the 11th U.S. Circuit Court of Appeals, in a 2-1 decision, has struck down the law. The ruling overturned a federal district judge who had ruled in favor of consumers. SLOT MACHINES AT PARI-MUTUELS With the Read more about Legal Updates[…]
SEMINOLE INDIAN GAMING PACT On October 26th the Seminole Indian tribe filed a federal lawsuit seeking legal relief. The Tribe alleges the State violated their exclusive right to hold “banked” games in their casinos. The Tribe stated the suit was preemptive in nature should the ongoing talks flounder or break down entirely. With the ninety day negotiating period ending on October 31st, the State filed a federal lawsuit to stop banked games in the Indian casinos. These suits are in federal court because the State has no authority to enforce its laws on federally recognized tribes, one of which are the Seminole Indians. Meanwhile, the Indian casinos continue to offer the card games.
OPEN CARRY LAW REVIEW The Florida Supreme Court has agreed to review the case of a Fort Pierce man’s 2012 conviction for openly carrying a firearm. Dale Norman has challenged Florida’s existing law against such brandishing. Previously, the Fourth District Court of Appeal upheld the conviction, and it was subsequently appealed to the Supreme Court. Oral arguments have not been scheduled.
DEATH PENALTY SENTENCING Arguments have been heard before the Florida Supreme Court in a case involving death sentences. Current law does not require a unanimous jury vote to suggest a sentence of death. A simple majority can make the recommendation. However, the presiding judge shall use the jury decision as a recommendation, and can overrule the suggestion. Legal experts claim such practices have been struck down by the U.S. Supreme Court when they ruled judges cannot make factual findings about capital crimes. […]
INSURANCE ASSIGNMENT OF BENEFITS The First District Court of Appeals has declined to issue a decision over a case involving insurance benefits. Rather, they have called on the Legislature to fix the problem. The issue involves the practice of homeowners signing over their policy benefits to contractors. Typically this is done in cases of emergency, Read more about Legal Updates[…]
TOLL CONTRACT UPDATE The fate of a potential $500 million contract for statewide toll services is in the hands of an administrative law judge after hearings concluded on July 11th. At issue is the decision by FDOT to award the contract to Xerox, which was initially ranked third by a procurement committee, before a second Read more about Legal Updates[…]
LETHAL INJECTION APPROVED The U.S. Supreme Court ruled in a capital punishment case that a sedative administered prior to the injection of lethal drugs was constitutionally sound and could be used in such cases. In response to the ruling, the Florida Supreme Court lifted its stay of executions as its protocol was nearly identical to Read more about Legal Updates[…]