Legal Updates

PANHANDLING ORDINANCE BLOCKED A U.S. district judge has ruled that a Daytona Beach ordinance which restricted panhandling in certain geographic areas is unconstitutional. The ordinance has been permanently blocked for enforcement.

BEACH ACCESS A U.S. district judge has sided with the City of Redington Beach in a long-running legal fight with waterfront property owners about public beach access. The ruling upheld a 2018 ordinance that sought to protect public use of what are known as “dry sand areas” of the beach. The Florida Constitution ensures public access to portions of beaches “below mean high water lines,” often described as wet areas of beaches. The judge ruled that the dry-sand portions of beaches closer to homes will also be accessible.

TRANSGENDER HEALTH CARE A U.S. district judge ruled that Florida’s ban on transgender health care for state employees violates the Civil Rights Act of 1964, which prohibits employment discrimination based on sex. The judge stated that health benefits are a key part of compensation and denying them based on sex is discriminatory. The court will hold a trial to determine damages.

ABORTION AMENDMENT BALLOT LANGUAGE By a 6-1 vote, the Florida Supreme Court upheld the revised financial impact statement for Amendment 4 addressing abortion access. All proposed constitutional amendments require a financial impact statement by law to be part of the ballot. The original language was reconsidered at the request of the Attorney General and will now say that the state may face additional costs should the amendment be approved. 

OPIOID EPIDEMIC LAWSUITS A three-judge panel of the First District Court of Appeal ruled that Attorney General Ashley Moody could not prevent opioid-epidemic lawsuits filed by hospital districts and school boards after she reached settlements with the pharmaceutical industry. The hospital districts and school boards argued that Moody did not have the authority to release their claims.

FSU VS. ACC Florida State University and the Atlantic Coast Conference (ACC) completed a court-ordered mediation on August 13th, without reaching a resolution in their ongoing legal battle. Florida State challenged the ACC’s exit fees and media rights contract, which could cost the school over $500 million to leave the conference. The ACC countersued, asserting that Florida State was breaching their agreement. The case is before a Leon County judge. In the meantime, football season has begun with the Seminoles still playing in the ACC.