Constitutional Law

Miles v. City of Edgewater Police Dept.

Sections 440.105(3)(c) and 440.34, Florida Statutes, to the extent they prohibit a workers’ compensation claimants from paying attorney’s fees out of their own pocket, “are unconstitutional because they impermissibly infringe on a claimant’s rights to free speech and to seek redress” guaranteed by the First Amendment to the United State Constitution.  Miles v. City of Edgewater Police Dept., 190 So.3d 171 (Fla. 1st DCA April 20, 2016).

Scott v. Sears Holding Corp.

Section 440.13(2)(b)1 does not contravene article X, section 24 of the Florida Constitution because that “constitutional provision applies only to “employees” as defined by federal law, and family members providing nonprofessional attendant care do not fall within that definition.”  Scott v. Sears Holding Corp., 189 So.3d 1035 (Mem) (Fla. 1st DCA April 14, 2016).

Island Resort Investments, Inc. v. Jones

Property appraisers and tax collectors lack standing to challenge the constitutionality of section 196.199, Florida Statutes governing imposition of personal property taxes. Island Resorts Investments, Inc. v. Jones, 189 So.3d 917 (Fla. 1st DCA March 21, 2016).

Membreno v. City of Hialeah

Trial court properly ruled under the rational basis test an amendment to city ordinance prohibiting street vending on public property or private property (unless allowed by zoning code) and limiting the amount of goods, merchandise or wares being sold to what the vendor could carry on his or her person did not violate substantive due process.  Membreno v. City of Hialeah, 188 So.3d 13 (Fla. 3d DCA March 9, 2016).

Mlinar v. United Parcel Service, Inc.

The Carmack Amendment, which governs the liability of domestic common carriers for losses of or damage to goods en route, does not preempt state law governing loss of property due to intentional misconduct.  Mlinar v. United Parcel Service, Inc.,186 So.3d 997 (Fla. March 3, 2016).

Beck v. MMI Dining Systems

Workers’ compensation claimant did not have standing to challenge the constitutionality of section 440.15(3) (g) 1, Florida Statutes because he did request any additional benefits during the proceedings and therefore failed to demonstrate a “real and immediate” emergency.  Beck v. MMI Dining Systems, 183 So.3d 1160 (Fla. 1st DCA Dec. 30, 2015).