UPDATED THROUGH March 30, 2017

Ad Valorem Tax Exemption – City Marina.  Certified Question:  In light of Florida Department of Revenue v. City of Gainesville, 918 So. 2d 250 (Fla. 2005), does a municipally owned and operated marina still qualify as a traditionally exempt “municipal or public purpose” under Article VII, Section 3(a) of the Florida Constitution?  Treasure Coast Marina, LC v. City of Ft. Pierce, No. SC16-1107 (review granted Aug. 25, 2016).  DCA decision:  195 So. 3d 1141 (Fla. 4th DCA May 31, 2016).  Status:  oral argument scheduled for Apr. 5, 2017; briefing complete (Jan. 11, 2017).

Local Ordinance Allowing Police Oversight – Unconstitutionality.  Is a City of Miami ordinance creating a Civil Investigative Panel to oversee the sworn police department preempted by section 112.533(1), Florida Statutes (2007), and therefore unconstitutional?  D’Agastino v. City of Miami, No. SC16-645 (review granted June 28, 2016).  DCA decision: 189 So. 3d 236 (Fla. 3d DCA Mar. 16, 2016).  Status:  decision pending; Oral Argument Video (Feb. 7, 2017); briefing complete (Oct. 24, 2016).

Home Venue Privilege – Joint Tortfeasor Exception.  The Court concluded that jurisdiction was improvidently granted and therefore dismissed this case which involved the following issue:  Does the joint tortfeasor exception to the home venue privilege apply to a sheriff who is alleged to be vicariously liable for the negligence of one of his deputy’s in rear-ending another vehicle?  Shaw v. Hunter, No. SC16-118 (review granted May 25, 2016).  DCA decision: 182 So. 3d 784 (Fla. 1st DCA Dec. 31, 2015).  Status:  dismissed based on lack of jurisdiction (Mar. 9, 2017); Oral Argument Video (Feb. 8, 2017); briefing complete (Aug. 29, 2016).

Payment-in-lieu-of-Taxes (PILOT) Agreement – Ad Valorem Tax Exemption.  The Court answered the certified question in the negative.  It held that PILOT Agreements that require payments equaling the ad valorem taxes that would otherwise be due but for a statutory tax exemption do not violate section 196.1978, Florida Statutes (2000), and Article VII, § 9(a) of the Florida Constitution.  City of Largo, Florida v. AHF-Bay Fund, LLC, No. SC15-1261 (review granted Dec. 8, 2015).  DCA decision: 169 So. 3d 133 (Fla. 2d DCA Apr. 22, 2015).  Status: decided; Corrected Slip Opinion (Mar. 16, 2017); Oral Argument Video (Sept. 1, 2016); briefing complete (Apr. 15, 2016).

Slot Machine Gaming – Local Referenda. Certified Question: “Whether the Legislature intended that the third clause of section 551.102(4), Florida Statutes, enacted in 2009, authorize[s] expansion of slot machines beyond Miami-Dade and Broward Counties via local referendum in all other eligible Florida counties without additional statutory or constitutional authorization after the effective date of the act? Gretna Racing, LLC v. State Dep’t of Business & Prof. Reg., SC15-1929 (review granted Dec. 1, 2015). DCA decision: 178 So. 3d 15 (Fla. 1st DCA Oct. 2, 2015). Status: decision pending; Oral Argument Video (June 7, 2016); briefing complete (Mar. 29, 2016).

Eminent Domain – Harris Private Property Rights Protection Act.  Conflict Certified:  Can the owner of property adjacent to property that was subject to governmental action maintain a cause of action under the Harris Act?  Hardee Cnty., Fla. v. FINR II, Inc., No. SC15-1260 (review granted Aug. 18, 2015).  DCA decision: 164 So. 3d 1260 (Fla. 2d DCA June 10, 2015).  Statusdecision pending; Oral Argument Video (Feb. 9, 2017); briefing complete (Dec. 29, 2015).

Eminent Domain – Harris Private Property Rights Protection Act. Question Certified: May a property owner maintain an action pursuant to the Harris Act if that owner has not had a law, regulation, or ordinance directly applied to the owner’s property which restricts or limits the use of the property? Smith v. City of Jacksonville, No.  SC15-534 (review granted May 22, 2015). DCA decision: 159 So. 3d 888 (Fla. 1st DCA Feb. 26, 2015). Status:  decision pending; Oral Argument Video (Feb. 9, 2017); briefing complete (July 11, 2016); suggestion of mootness denied (Mar. 18, 2016).

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