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Doc.
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Date Docketed
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Description
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Filed by
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Notes
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06/20/2017
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PETITION-MANDAMUS
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PT Toby Bogorff BY: PT Rober C. Gilbert 561861
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06/21/2017
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Fee Paid Through Portal
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06/21/2017
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ACKNOWLEDGMENT LETTER-NEW CASE
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Supreme Court Of Florida BY: Supreme Court Of Florida
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06/21/2017
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ORDER-HIGH PROFILE
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Because of significant public and media interest in this matter, this case has been designated as a high profile case and all material must be filed through the Florida Courts eFiling Portal. All documents filed will be posted on the Supreme Court web page. Parties are directed to ensure that all documents filed are in compliance with rules 2.420, 2.425 and 2.526 of the Florida Rules of Judicial Administration.
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06/21/2017
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ORDER-RESPONSE/REPLY REQUESTED
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Petitioners have filed a petition for a writ of mandamus. Respondents are hereby ordered to file a response to the above-referenced petition on or before Monday, June 26, 2017, at Noon. The petitioners may file a reply on or before Tuesday, June 27, 2017, at Noon.
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06/26/2017
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RESPONSE
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RS Hon. Jeffrey H. Atwater BY: RS Janine B. Myrick 621749
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06/26/2017
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RESPONSE
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RS Rick Scott BY: RS Daniel E. Nordby 14588
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06/26/2017
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RESPONSE
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RS Kenneth J. Detzner BY: RS David Andrew Fugett 835935
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06/27/2017
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REPLY TO RESPONSE
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PT Toby Bogorff BY: PT Rober C. Gilbert 561861
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06/30/2017
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NOTICE-FILING
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PT Toby Bogorff BY: PT Rober C. Gilbert 561861
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07/13/2017
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DISP-DISM WITHOUT PREJUDICE
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FSC-OPINION: The judgments are final, but the Lee County and Broward County classes are currently in their respective circuit courts seeking writs of mandamus to compel payment or, in the alternative, declarations that sections 11.066(3) and (4), Florida Statutes (2016), are unconstitutional as applied. Section 11.066(3) requires "an appropriation made by law" for compelling payment of judgments against the State or its agencies, while section 11.066(4) provides that the lack of an "appropriation made by law to pay the judgment" is a defense to a writ of mandamus. Because the Governor's constitutional line-item veto authority at issue in this case is a part of the process that results in "an appropriation made by law," we hereby dismiss this petition without prejudice to seek redress in the pending circuit court actions. See Abdool v. Bondi, 141 So. 3d 529, 537 (Fla. 2014) ("Ordinarily, the constitutionality of a legislative act should be challenged by filing an action for declaratory judgment in circuit court."). The Petitioners do not provide any support for an immediate need for this Court to resolve the issue. Nothing about the start of the new fiscal year prevents the respective circuit courts from issuing the relief requested, if those courts determine that relief is commanded by the facts and law.
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08/04/2017
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PUBLISH FULL
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