Legislation Commons^™

Florida Gun Laws Weaken: Another Setback For The Mass Shooting Generation, Riley Kendall

Barry Law Review

While gun control has been a topic of controversy in the United States for decades, one area that has seemed undebatable is the protection of children from gun violence in our Nation’s schools. The methods of achieving this end goal vary from state to state. Some states have continued the longstanding tradition of designating schools as “gun-free zones,” while others have employed armed security guards. Florida has chosen the latter option for its public and charter schools. However, the Florida Legislature has taken a dramatic deviation from this path that will negatively affect students attending private religious schools: it passed …

Tort Reform In Florida: The Impact Of Hb837, Kara E. Burns

Honors Undergraduate Theses

Legislative policies play a pivotal role in shaping the socio-political landscape of a nation, addressing critical issues, and reflecting the values and priorities of its citizens. This case study examines the implementation of Florida's House Bill 837 (HB837), a significant piece of legislation that has generated substantial interest and debate. The study aims to shed light on the practical implications of this policy within the context of its introduction, passage, and subsequent results. The research of this case study explores the historical and political backdrop against which HB837 was enacted. It examines the motivations behind the bill, the debates that …

Save Your Rights: How Florida And Other States Have Targeted Voting Access Following The 2020 Election, Francisco Varona

FIU Law Review

Following the 2020 general election, Florida’s Republican led legislature introduced Senate Bill 90 (“S.B. 90”), which seeks to put many restrictions on various aspects of the voting process. S.B. 90 limits ballot drop-off boxes, restricts mail-in voting, proscribes “line-warming,” increases registration difficulty, and expands identification requirements. Despite lauding Florida’s election as a gold standard for the rest of the country, Governor Ron DeSantis approved this bill in May of 2021, explaining that Florida should not become complacent despite its success. The Republican Governor approved this law against the backdrop of record voter turnout for Black and Latino voters and record …

A 180 On Section 230: State Efforts To Erode Social Media Immunity, Leslie Y. Garfield Tenzer, Hayley Margulis

Elisabeth Haub School of Law Faculty Publications

The turmoil of the 2020 presidential election renewed controversy surrounding 47 U.S.C § 230. The law, adopted as part of the 1996 Communications Decency Act (CDA), shields Interactive Computer Services (ICS) from civil liability for third-party material posted on their Platforms--no matter how heinous and regardless of whether the material enjoys constitutional protection. Consequently, any ICS, which is broadly defined to include Internet service providers (ISPs) and social media platforms (Platforms), can police its own postings but remains free from government intervention or retribution.

In 2022, members of the Texas and Florida legislatures passed laws aiming to limit the scope …

Legitimate Exercises Of The Police Power Or Compensable Takings: Courts May Recognize Private Property Rights, Terence J. Centner

Journal of Food Law & Policy

Under their police power, governments regulate nuisances and take actions in emergency situations. For protecting humans, animals, and plants from diseases and other pests (jointly referred to as diseases), governments order inoculations, quarantine items and people, and seize and destroy property.' With respect to plants and animals, the United States Secretary of Agriculture is authorized to prohibit the importation and movement of items than may be infested. The Secretary also has the authority to hold, treat, and destroy items to prevent the dissemination of plant and animal pests. State governments take additional actions to

Law School News: Marine Law Symposium At Rwu Law To Focus On Legal Strategies For Climate Adaptation 11/08/2018, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.

Day 1, Elaine Bloom

Elaine Bloom Oral Histories

Day 1 of the honorable Elaine Bloom’s oral history contains memories that span from her childhood to her time as a Florida Representative. The honorable Elaine Bloom recalls fond memories of her mentors, campaign to the Florida House of Representatives, and marriage to the “larger than life” Judge Phillip Bloom. She further elaborates on the adversity she faced as a female Representative in the late 20^th century as well as her other professional endeavors outside of Congress. Day 1 of the oral history concludes with specifics regarding her family life, final term as Florida Representative, and current undertakings.

We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro

Works of the FIU Libraries

This paper analyzes a shifting landscape of intellectual freedom (IF) in and outside Florida for children, adolescents, teens and adults. National ideals stand in tension with local and state developments, as new threats are visible in historical, legal, and technological context. Examples include doctrinal shifts, legislative bills, electronic surveillance and recent attempts to censor books, classroom texts, and reading lists.

Privacy rights for minors in Florida are increasingly unstable. New assertions of parental rights are part of a larger conservative animus. Proponents of IF can identify a lessening of ideals and standards that began after doctrinal fruition in the 1960s …

Cooperative Federalism In Biscayne National Park, Ryan Stoa

Ryan B. Stoa

Biscayne National Park is the largest marine national park in the United States. It contains four distinct ecosystems, encompasses 173,000 acres (only five percent of which are land), and is located within densely populated Miami-Dade County. The bay has a rich history of natural resource utilization, but aggressive residential and industrial development schemes prompted Congress to create Biscayne National Monument in 1968, followed by the designation of Biscayne National Park in 1980. When the dust settled, Florida retained key management powers over the Park, including joint authority over fishery management. States and the federal government occasionally share responsibility for regulating …

Subsidiarity In Principle: Decentralization Of Water Resources Management, Ryan Stoa

Ryan B. Stoa

In this article, three countries' experiences with decentralized water resources management are profiled. Comparative analysis provides an illustration of some of the challenges that countries may face when implementing decentralized water laws and policies. In particular, the case studies demonstrate that income levels and financial resources play a significant role in the success of decentralized water resources management. In Haiti, decentralization policies have been largely ineffective, as statutory authorization for water resources management at both national and local levels has not been coupled with the financial or human resources required to effectively manage water resources. A similar story is being …

Self-Driving Cars: Autonomous Technology That Needs A Designated Duty Passenger, Michelle L.D. Hanlon

Barry Law Review

No abstract provided.

Florida Water Management Districts And The Florida Water Resources Act: The Challenges Of Basin-Level Management, Ryan Stoa

Ryan B. Stoa

Florida’s plentiful freshwater resources are indispensable to the state’s municipal, agricultural, and environmental interests. As such, decision-makers presiding over complex water management decisions wield extraordinary powers. The Water Resources Act of Florida vests these powers in five water management districts drawn according to hydrological (not political) boundaries. The water management districts have robust technical, financial, and regulatory powers, and hold the key to Florida’s sustainable development. But with the stakes so high, Florida’s water management districts are at the center of a broader fight for control of water resources. In particular, transboundary water conflicts, political pressure, and ecological needs show …

Florida's Stand Your Ground Regime: Legislative Direction, Prosecutorial Discretion, Public Pressures, And The Legitimization Of The Criminal Justice System, Mary Elizabeth Castillo

Journal of Legislation

This note seeks to examine the tripartite relationship between legislative delegation, prosecutorial discretion, and public pressures in the context of Florida's "Stand Your Ground" regime. In the context of high profile criminal cases, a prosecutor faces significant public and political pressures that may influence her exercise of discretion in that case. Ultimately, Castillo argues that when a prosecutor succumbs to these pressures, it undermines her expertise, experience and exercise of discretion, and undercuts the legitimacy of the criminal justice system as a whole.

Florida Water Management Districts And The Florida Water Resources Act: The Challenges Of Basin-Level Management, Ryan Stoa

Faculty Publications

Florida’s plentiful freshwater resources are indispensable to the state’s municipal, agricultural, and environmental interests. As such, decision-makers presiding over complex water management decisions wield extraordinary powers. The Water Resources Act of Florida vests these powers in five water management districts drawn according to hydrological (not political) boundaries. The water management districts have robust technical, financial, and regulatory powers, and hold the key to Florida’s sustainable development. But with the stakes so high, Florida’s water management districts are at the center of a broader fight for control of water resources. In particular, transboundary water conflicts, political pressure, and ecological needs show …

Florida's Continuing Experiment With The Central Panel Process: The Division Of Administrative Hearings, William R. Dorsey

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Ignorance Of International Law Is No Excuse, Or How The Florida Legislature Ticked Off Canada, Patricia Morgan, Loren Turner, Edward T. Hart

UF Law Faculty Publications

During its 2012 session the Florida Legislature amended the text of Florida Statute 322.04 to add a requirement for nonresidents. International visitors would be required to have in their possession not only a valid drivers' license, but also an International Driving Permit (IDP) that translated into English the personal identification information of the driver. The change took effect January 1, 2013, but even before that date, Florida faced allegations that it was violating international law with this new requirement.

S07rs Sgb No. 21 (Personnel Conference), Cohen, Schaff

Student Senate Enrolled Legislation

No abstract provided.

Slides: The Monumental Legacy Of The Antiquities Act Of 1906: The Rainbow Bridge National Monument In Context, Mark Squillace

Celebrating the Centennial of the Antiquities Act (October 9)

Presenter: Professor Mark Squillace, Director, Natural Resources Law Center, University of Colorado School of Law

35 slides

Voter Education: The Key To Election Reform Success Lessons From Florida, Susan A. Macmanus

University of Michigan Journal of Law Reform

Over a dozen national task forces and commissions have analyzed the 2000 presidential election and concluded that electoral system reforms are imperative not just in Florida, but nationwide. Among the common recommendations are elimination of punch card ballots, enhancement of registration procedures and outreach, provision of more accurate voter lists, clear delineation of appeals processes, establishment of voter rights and responsibilities, clarification of recount rules and procedures, securing of accessible polling places, better facilitation of voting and proper counting of absentee ballots, and ensuring provisional ballots available at each precinct. For these reforms to be most effective, the reports say, …

Keeping Clean Waters Clean: Making The Clean Water Act's Antidegradation Policy Work, John A. Chilson

University of Michigan Journal of Law Reform

This Note stresses the importance of making the Clean Water Act's antidegradation policy work in order to avoid a system of national waters of equally mediocre quality. The Nation's highest quality and most important waters are not receiving appropriate protection under the Act because the antidegradation policy contains vague definitions, the states fail to review water quality standards every three years and to entertain citizens' petitions, and the Environmental Protection Agency has not taken an active role in ensuring compliance with federal standards. This Note examines the schemes of the Great Lakes States and Florida and hypothesizes that similar provisions …

Market-Share Liability After Hymowitz And Conley: Exploring The Limits Of Judicial Power, Christopher J. Mcguire

University of Michigan Journal of Law Reform

This Note surveys the development of market-share liability and examines the limits on the power of state and federal courts to impose liability on defendants through market-share liability. Part I examines briefly the development of market-share liability in the early 1980s. It then explores how the New York Court of Appeals extended market-share liability in Hymowitz v. Eli Lilly and explores this case's ramifications. Part I also draws on a recent Florida case, Conley v. Boyle Drug Co., for further insight into the problems surrounding market-share liability litigation. Part II argues that jurisdictional limitations, such as standing to sue …

Assessing The Limited Liability Company, Wayne M. Gazur, Neil M. Goff

Publications

The limited liability company is one of the newest forms of business organization. This form combines the limited liability of a corporation with the tax benefits normally associated with a partnership. The authors examine various implications and ramifications of this organizational form.

Groundwater Quality Protection: Setting A National Goal For State And Federal Programs, David H. Getches

Publications

No abstract provided.

Soil Erosion, Agrichemicals And Water Quality: A Need For A New Conservation Ethic?, Christine Olsenius

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

24 pages.

Contains references.

Pesticide Contamination Of Groundwater: Superfund Liability?, David R. Andrews

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

12 pages.

Contains references.

Restoring The Biological Integrity Of Everglades National Park, Estus D. Whitfield

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

29 pages.

Contains references.

Agenda: External Development Affecting The National Parks: Preserving "The Best Idea We Ever Had", University Of Colorado Boulder. Natural Resources Law Center

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell and Daniel Magraw.

The conference will be held at the Aspen Lodge, adjacent to Rocky Mountain National Park near Estes Park, Colorado.

It was Wallace Stegner who called the national parks "the best idea we ever had." The continuing increases in usage attest to their popularity. National parks are created to preserve areas of special scenic and cultural value for enjoyment and use. Managing the parks in a manner that protects the important values and purposes for which they were created presents important and difficult …

No-Fault Auto Reparation In Florida: An Empirical Examination Of Some Of Its Effects, Joseph W. Little

University of Michigan Journal of Law Reform

This article discusses certain aspects of reparations systems that can be described by statistical parameters, but it does not attempt to evaluate whether or not pervasive sociological changes may result from legal modifications of the concept of fault. It may be that any erosion of fault as a legal concept will result in a decline in individual responsibility. The fact that some members of the bar and some members of the medical profession allegedly regularly engage in conspiracies to defeat the $1,000 medical expense threshold of the Florida statute could be cited as evidence of such deterioration. Nevertheless, this writer …

To Tell The Truth, The Whole Truth, And Nothing But The Truth - Help For Florida's Frazzled Condominium Buyers?, Elizabeth Snider

University of Michigan Journal of Law Reform

The condominium has become an increasingly familiar arrangement in the United States. In 1972, some 235,000 condominium units were built; this number swelled to about 420,000 in 1973, an increase of almost 79 percent. Accompanying this tremendous increase in building and selling has been an increasing awareness of the need for regulation of this multi-million dollar industry. This note explores the legislative background of condominium regulation; examines the recent Florida Condominium Act amendments, focusing on the Act's disclosure requirements, what they mean, and what their impact will be on developers and purchasers; and offers alternatives to the Florida scheme.

The Courts As Authorized Legal Advisors Of The People, Edson R. Sunderland

Articles

It is doubtful whether American legal institutions have witnessed a more far-reaching procedural reform since New York adopted its Code of Civil Procedure in 1848, than the movement toward the authorization of judicial declarations of rights which has received its chief impetus from legislation enacted in three American States during the past year. A somewhat timid step in this direction was taken by the New Jersey Chancery Practice Act of 1915, but it disclosed a want of confidence in the broad effectiveness of the remedy. Now for the first time American legislation has definitely committed itself to the principle that …