Misc.

Question 1

Access to Courts

Answer 1

FL’s Constitution provides that courts are open to every person for redress of any injury, and justice shall be administered without denial or delay. Additionally, every person is guaranteed at least one appeal from a final order.

Under the Kluger test: A law that either abolishes a cause of action or
restricts a person’s day in court is prohibited. The legislature may not abolish a right to access to courts without providing a reasonable alternative to protect the rights of the people of the state to redress injuries, unless (i) it can show overpowering public necessity for abolition of such right, and (ii) no other alternative method of meeting such public necessity can be found.

Question 2

Jury Trial

Answer 2

No Florida law can prohibit the right to a jury trial.

Question 3

Sunshine Law

Answer 3

Government activity generally must be open to the public. All meetings of state or local government public body at which official acts are taken, or at which public business is transacted or discussed, must be open, and the public must be given notice.

The legislature may provide for exemptions from access to public records and meetings if the law states with specificity the public necessity justifying the exception, and law is no broader than is necessary.