Government

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UPDATED THROUGH SEPTEMBER 4, 2012

Legislation – State University System. Do the statutes and provisions of the General Appropriations Act that restrict state universities’ expenditure or tuition and fees and condition appropriation of funds to each university upon compliance with the tuition and fee policies established by the Legislature contravene the authority of the Board of Governors under article IX, section 7(d) of the Florida Constitution to establish and expend tuition and fees? Graham v. Haridopolos, No. SC11-2453 (review granted Mar.15, 2012). DCA decision: 75 So. 3d 315 (Fla. 1st DCA 2011). Status: briefing complete; oral argument scheduled for Oct 4, 2012.

Certiorari – Sovereign Immunity. Conflict Certified: The Third DCA accepted jurisdiction over a governmental entity's claim that it is immune from suit, rather than it is not liable for lack of duty, and in so doing certified conflict with the decisions in Florida A & M University Board of Trustees v. Thomas, 19 So. 3d 445 (Fla. 5th DCA 2009), and Pinellas Suncoast Transit Authority v. Wrye, 750 So. 2d 30 (Fla. 2d DCA 1996)Rodriguez v. Miami-Dade County, No. SC11-1913 (review granted Dec. 1, 2011). DCA decision 67 So. 3d 1213 (Fla. 3d DCA 2011). Status: briefing complete; oral argument set for Sept. 6, 2012.

Taxation – Ad Valorem. Question Certified: Whether section 196.199(2)(b), Florida Statutes, is inapplicable to the real property at issue because appellants are the equitable owners of that property? Accardo v. Brown, No. SC11-1445 (review granted Feb. 29, 2012). DCA decision: 63 So. 3d 798 (Fla. 1st DCA 2011). Status:  briefing complete; request for oral argument filed July 16, 2012 pending.

 

Municipal Corporations – Code Enforcement Liens. Question Certified: Whether, under Article VIII, section 2(b) of the Florida Constitution, section 166.021, Florida Statutes and Chapter 162, Florida Statutes, a municipality has the authority to enact an ordinance stating that its code enforcement liens, created pursuant to a code enforcement board order and recorded in the public records of the applicable county, shall be superior in dignity to prior recorded mortgages? City of Palm Bay v. Wells Fargo Bank, N.A., No. SC11-830 (review granted May 18, 2011). DCA decision:  67 So. 3d 271 (Fla. 5th DCA 2011). Status: decision pending; Oral Argument Video (Apr. 11, 2012).

 

Dismissal – Sovereign Immunity.  Conflict and Question certified:  Whether, in light of the supreme court’s ruling in State Department of Education v. Roe, 679 So. 2d 756 (Fla. 1996), review of the denial of a motion to dismiss based on a claim of sovereign immunity should await the entry of a final judgment in the trial court?  Citizens Prop. Ins. Corp. v. San Perdido Ass’n, No. SC10-2433 (review granted Feb. 17, 2011).  DCA decision: 46 So. 3d 1051 (Fla. 1st DCA 2010).  Status: decision pending: Oral Argument Video (Sept. 8, 2011).