Florida Chamber Litigation Center: Amicus Briefs

Florida Chamber of Commerce Files Amicus Brief Opposing a Misleading and Unambiguous Ballot Measure that Seeks to Regulate Adult Use of Marijuana

The Florida Chamber’s Litigation Center filed an amicus brief opposing a misleading and unambiguous ballot measure that seeks to regulate the “Adult Use of Marijuana.” The brief encourages the Florida Supreme Court to strike down this proposal, because it:

-The ballot summary is misleading because it falsely implies that the use and possession of marijuana as contemplated in the Proposed amendment is permitted under federal law.
-The ballot summary’s reference to the existing regulatory scheme for medical use of marijuana renders the Proposed Amendment ambiguous and misleading.
-The ballot summary’s explanation of the restriction on marijuana use in “defined public places” is misleading because it does not clearly and accurately disclose the scope of the Proposed Amendment, which broadly prohibits marijuana use in “any public place.”

Download Amicus Brief.

Florida Chamber Intervenes in Tallahassee Class Action Lawsuit to Protect Florida’s Constitution

The Florida Chamber’s Litigation & Regulatory Reform Center has initiated its first legal action of the new decade by intervening against an attempt to roll back Florida Chamber-backed constitutional amendment reforms passed during the 2019 Legislative Session as well as invalidate an important portion of Florida’s Constitution.

Download the Motion to Intervene.

Florida Chamber of Commerce Files Amicus Brief to Move Florida to Align With the Federal Standard for Granting Summary Judgement

In October, the Florida Supreme Court accepted jurisdiction in the case Wilsonart, LLC vs. Miguel Lopez.  The underlying case involves a traffic accident where a dashboard camera showed that the Wilsonart driver did not cause the accident.  The lower court granted summary judgment, only for the 5th District Court of Appeals to overturn the lower court’s decision to grant summary judgment based on eye witness testimony that contradicted the unaltered video evidence.  The FL Supreme Court expanded the scope of the question and has asked parties if Florida should adopt the federal summary judgment standard as outlined in Celetox.  As a part of the Florida Chamber’s Litigation and Regulatory Reform Center, the Florida Chamber filed a joint amicus curiae, or friend of the court brief, with the United States Chamber of Commerce outlining the reasons why Florida should adopt the federal summary judgment standard.  The Florida Chamber believes that Florida’s current summary judgment standard is unworkable and forces parties to prove a negative– that there are not genuine issues of a material fact that could change the outcome of the case.  Oral arguments will be scheduled sometime in 2020 with a decision either late in 2020 or in 2021.     

Download Amicus Brief.

Florida Chamber of Commerce Files Amicus Brief Opposing a Misleading and Unlawful Ballot Measure That Seeks to Regulate Marijuana

On November 5, 2019, the Florida Chamber’s Litigation Center filed an amicus brief opposing a misleading and unlawful ballot measure that seeks to Regulate Marijuana in a Manner Similar to Alcohol to Establish Age, Licensing, and Other Restrictions (16-02).

The Florida Chamber’s amicus brief encourages the Florida Supreme Court to strike down this unconstitutional proposal. As written, the recreational marijuana ballot proposal should be disallowed because it:

• Is misleading, ambiguous, and doesn’t clearly announce the purpose of the ballot measure, and

• Violates Florida’s single subject requirement.

Download Amicus Brief.

Florida Chamber of Commerce Files Reply Brief With Florida Supreme Court Validating Position That Energy Proposal is Unconstitutional

On June 21, 2019, the Florida Chamber of Commerce filed a reply brief with the Florida Supreme Court restating its alignment with Florida’s Attorney General Ashley Moody, that the state’s high court should strike down the unconstitutional energy proposal. The Florida Chamber’s reply brief outlines the multiple ways in which this proposed amendment is unconstitutional, including:

-Violating the single subject rule,
-Engaging in logrolling,
-Substantially altering and performing the functions of multiple branches of government, and
-Debunking the amendments “Texas Model” argument by outlining how Texas restructured its electricity market by a painstaking legislative process – not by a ballot initiative.

Read News Release or Download Amicus Brief.

Florida’s Leading Business Associations File Suit Against Miami Beach’s Minimum Wage Ordinance

On December er 14, 2016, three leading Florida business organizations filed suit against the City of Miami Beach regarding a recently passed city ordinance to raise the minimum wage to $10.31/hour starting January 1, 2018, and increase it $1.00/year until it reaches $13.31 in 2021. The Florida Retail Federation, Florida Restaurant & Lodging Association and Florida Chamber of Commerce filed the suit which states that the ordinance disregards a state statute which establishes the State of Florida will determine one consistent minimum wage for the entire state. This state statute allows for local government entities to adopt ordinances to exceed this wage for those working or contracting with the local government. The suit was filed by Charles Caulkins of the South Florida law firm Fisher Philips LLC.

Read News Release

Florida Chamber and Florida Justice Reform Institute File Amicus Brief in Important Workers’ Compensation Case

On January 8, 2016, the Florida Chamber of Commerce and Florida Justice Reform Institute filed an amicus curiae brief, or friend of the court brief, in support of Hialeah Hospital in Stahl v. Hialeah Hospital — a workers’ compensation case that seeks to make the workers’ comp system, in its entirety, unconstitutional. Workers’ comp is essential for Florida employers, employees and families because it provides the health care necessary to help an injured employee return to work while also protecting job creators from costly litigation.

The jointly filed amicus brief maintains:

-Stahl does not have standing, or has not proven that changes to the workers’ comp statute have adversely affected him, and

-The case did not follow the proper judicial procedure for the Florida Supreme Court to determine if the statute is unconstitutional.

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