Legal Updates

JURY SIZE The U.S. Supreme Court has rejected a constitutional challenge to Florida’s use of 6-member juries in most felony cases. The case was brought by a 2022 Martin County defendant who was found guilty by a 6-member jury. Florida has used the 6-member jury format since 1877. The defendant argued the Jim Crow era rules were based on race and should be overturned.

IMMIGRANT TRANSPORT A U.S. District Court judge has temporarily blocked part of a Florida law that criminalized transporting into the state anyone who lacked lawful immigration status. He determined the Florida law “extends beyond the state’s authority to make arrests for violations of federal immigration law and, in so doing, intrudes into territory that’s preempted” by federal statute. However, the judge later backtracked on the universal order and is considering having it apply only to the plaintiffs.

WISTERIA ISLAND Since 2011, a small 39-acre island off Key West has been at the center of an epic dispute between the U.S. government and a local family. The family, seeking to develop the island, claims it was purchased in 1967 for $155,000 from the State of Florida. Local historians discovered it was never owned by the State, but by the U.S. Department of the Interior. After 13 years of fighting, a U.S. District judge has ruled against the family and for the U.S. government. The family, who have paid real estate taxes since 1967, have indicated they will appeal.

VOTER REGISTRATION A U.S. District Court judge has issued a permanent injunction blocking a portion of a 2023 Florida election law. The State will no longer be able to enforce a rule that non-U.S. citizens are not allowed to handle voter registration applications.