Strict Scrutiny

963 Florida cases classified under this topic · sorted by citation count

• K.A. v. Dep't of Child. & Families
  Fla. 4th DCA· 2021-12-08
  The court certified to the Florida Supreme Court constitutional questions regarding whether sections 39.806(1)(f) and 39.806(1)(l) of Florida Statutes unconstitutionally eliminate the state's burden to prove substantial risk of harm and least restrictive means when terminating pa
• Navy Seal 1 v. Austin
  M.D. Fla.· 2021-11-22
  Military service members and federal contractor employees with sincere religious objections to COVID-19 vaccination challenged DoD and executive order vaccine mandate requirements under federal law and the First Amendment. The district court granted preliminary injunction relief
• Watrous v. State
  Fla. 2d DCA· 2021-08-11
  The appellate court reversed a conviction for violating a panhandling ordinance, agreeing with the State that the ordinance could not withstand strict scrutiny under the First Amendment. The court found the trial court erred in denying the motion to dismiss.
• Gale Force Roofing & Restoration LLC v. Brown
  N.D. Fla.· 2021-07-11
  Florida's ban on written or electronic advertisements encouraging consumers to contact contractors or public adjusters regarding insurance claims for roof damage violates the First Amendment as an impermissible restriction on commercial speech that fails intermediate scrutiny. Th
• Netchoice LLC v. Moody
  N.D. Fla.· 2021-06-30
  The court held that certain provisions of Florida's social media law are likely preempted by federal law (47 U.S.C. § 230) or violate the First Amendment, warranting a preliminary injunction against their enforcement.
• Wynn v. Vilsack
  M.D. Fla.· 2021-06-23
  A white Florida farmer challenged Section 1005 of the American Rescue Plan Act, which provides debt relief to socially disadvantaged farmers and ranchers (SDFRs) defined by race, claiming the race-based relief violates his equal protection rights under the Fifth Amendment. The di
• Green v. Alachua Cnty.
  Fla. 1st DCA· 2021-06-11
  The appellate court reversed a lower court's denial of a temporary injunction against Alachua County's mask mandate. The court held that the mandate implicated the fundamental right to privacy under the Florida Constitution and therefore required strict scrutiny, which the lower
• V.S. v. Dep't of Child. & Families
  Fla. 4th DCA· 2021-06-09
  The court certified a question of great public importance to the Florida Supreme Court concerning whether the 2014 amendment to section 39.806(1)(f), Florida Statutes, unconstitutionally permits termination of parental rights regarding siblings without requiring proof of nexus be
• Son v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2021-06-08
  The court held that the Florida Administrative Code Rule 33-501.301(3)(d), which provides interpreters for languages spoken by 5% or more of the inmate population, does not violate the Equal Protection Clause because it is rationally related to a legitimate penological interest a
• Lacroix v. Town of Fort Myers Beach
  M.D. Fla.· 2021-03-22
  The court held that the town's ordinance banning portable signs is a content-neutral regulation that does not violate the First Amendment or the Equal Protection Clause, and thus denied the motion for a preliminary injunction.
• Attwood v. Clemons
  N.D. Fla.· 2021-03-17
  A state legislator blocked a private citizen from his official social media accounts in response to criticism of his legislative votes, and the court held that while the official capacity claim failed, the individual capacity First Amendment claim proceeded to trial because a fac
• Scoma Chiropractic, P.A. v. Nat'l Spine & Pain Ctrs. LLC
  M.D. Fla.· 2021-03-12
  A reasonable trier of fact could conclude that the fax sent was an unsolicited advertisement under the TCPA, and the court declines to reach the constitutional challenge at the pleading stage.
• 7020 Ent., LLC v. Miami-Dade Cnty.
  S.D. Fla.· 2021-02-10
  The court granted the defendant's motion to dismiss, finding the county's curfew order was not preempted by state law, not an ultra vires act, and that plaintiffs failed to adequately allege municipal liability for Fourth Amendment violations.
• Fla. Beach Advertising, LLC v. City of Treasure Island
  M.D. Fla.· 2021-01-06
  A digital advertising business owner challenged a city ordinance prohibiting signs on waterways, arguing it violated the First Amendment by granting city officials unbridled discretion to grant exemptions without objective criteria. The court ruled that the ordinance was an uncon
• Moody v. Williams
  M.D. Fla.· 2020-12-01
  Jesse Moody, an inmate at a Florida jail, sued jail officials under 42 U.S.C. § 1983 alleging they violated his constitutional rights by subjecting him to unlawful conditions of confinement including overcrowding, unsanitary facilities, poor air circulation, pest infestation, and
• Dream Defenders v. LEE
  N.D. Fla.· 2020-10-09
  The court found that the Secretary of State's failure to maintain a functional voter registration website and her subsequent limited deadline extension, with insufficient notice, likely violated constitutional rights. The court also determined that the organizational plaintiffs h
• B& G Opa Holdings, Inc. v. Daughtrey
  S.D. Fla.· 2020-09-11
  B&G Opa Holdings, Inc. challenged the City of Opa-locka's closure of its adult entertainment establishment, Klub 24, claiming violations of First Amendment and due process rights. The magistrate judge granted summary judgment in B&G's favor on claims that the city's zoning ordina
• Son v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2020-03-05
  The court held that the plaintiff failed to state an access to courts claim and that claims based on 2011 actions were time-barred, but the equal protection claim could proceed.
• Jones v. Desantis
  N.D. Fla.· 2019-10-18
  Florida voters amended the state constitution in 2018 to automatically restore voting rights to most felons "upon completion of all terms of sentence including parole or probation," but the Florida Legislature enacted a statute implementing this amendment to require payment of fi
• State v. Gainesville Woman Care, LLC
  Fla. 1st DCA· 2019-08-01
  Gainesville Woman Care and Medical Students for Choice challenged a 2015 Florida amendment requiring a 24-hour waiting period between informed consent and abortion procedures as violating the Florida Constitution's right of privacy. The trial court granted summary judgment in app
• T. L. v. F. M.
  Fla. 2d DCA· 2019-03-13
  T.L. petitioned for a writ of prohibition or habeas corpus challenging a circuit court's ex parte order authorizing law enforcement to transport her for involuntary substance abuse assessment and stabilization under Florida's Marchman Act. The court initially denied the petition
• Florida Democratic Party v. Scott
  2016 U.S. Dist. LEXIS 142064· N.D. Fla.· 2016-10-10
  The court granted a temporary restraining order, finding Florida's voter registration deadline unconstitutional as applied due to Hurricane Matthew, and extended the deadline.
• Young v. RED Clay Consol. Sch. Dist.
  Del. Ch.· 2015-10-07
  The court denied the school district's motion to dismiss, finding that the plaintiffs' complaint stated valid claims under both federal and state law. The court held that the district's actions, including targeted get-out-the-vote efforts, providing rewards for voting, and engagi
• Burroughs v. Corey
  2015 U.S. Dist. LEXIS 19269· M.D. Fla.· 2015-02-18
  The court held that Florida's stalking statute, Fla. Stat. § 784.048, is not facially unconstitutional due to overbreadth. The statute primarily regulates conduct, and the plaintiff failed to demonstrate a substantial number of unconstitutional applications of protected speech.
• Abdullah v. Migoya
  810 F. Supp. 2d 771· S.D. Fla.· 2013-06-28
  The court held that the plaintiff, a "three-striker" under the PLRA, failed to demonstrate he was in imminent danger of serious physical injury at the time of filing his complaint, thus he could not proceed in forma pauperis.
• K.J. v. State
  107 So. 3d 523· Fla. 4th DCA· 2013-02-20
  A juvenile was arrested for trespassing in a city park during daylight hours, after having been detained and warned by officers the previous evening when the park was closed. The court reversed the conviction, holding that the juvenile's lawful presence in the open park could not
• Sweeney
  Del.· 2012-10-23
  The Court affirmed that the statute prohibiting government employees from engaging in political activity at work does not violate the First Amendment. However, the Court reversed and remanded the case to consider what constitutes 'political activity' under the statute and whether
• Ruiz v. Robinson
  238 F. Supp. 2d 325· S.D. Fla.· 2012-08-31
  Florida regulations classifying U.S. citizen students as out-of-state based on their parents' undocumented immigration status violate the Equal Protection Clause of the Fourteenth Amendment.
• Mollie Berman v. Dillard's and Esis
  91 So. 3d 875· Fla. 1st DCA· 2012-06-14
  The court held that the statute terminating permanent total disability benefits based on age is constitutional and does not violate the right of access to courts, as it survives rational basis review.
• State v. Benny Albritton
  58 So. 3d 894· Fla. 2d DCA· 2011-03-02
  The State appeals a trial court order suppressing pharmacy records containing controlled substance prescriptions obtained from multiple pharmacies without a warrant. The Second District Court of Appeal reverses, holding that Florida Statute § 893.07(4) authorizes law enforcement
• United States v. Jones
  731 F. Supp. 2d 1275· M.D. Fla.· 2010-07-30
  Defendant Jones challenged the constitutionality of 21 U.S.C. § 841, which imposes a mandatory minimum five-year sentence for distributing five or more grams of crack cocaine, arguing the 100:1 sentencing ratio between crack and powder cocaine violates the Eighth Amendment's Crue
• United States v. Sanders
  731 F. Supp. 2d 1261· M.D. Fla.· 2010-07-30
  The court denied the defendant's motions, holding that he had standing to challenge the statute and that 21 U.S.C. § 841 is constitutional under the Eighth and Fifth Amendments.
• Brayshaw v. City of Tallahassee
  709 F. Supp. 2d 1244· N.D. Fla.· 2010-04-30
  Robert Brayshaw posted truthful, publicly available personal information about a Tallahassee police officer on Ratemycop.com and was arrested under Florida Statute § 843.17, which criminalizes publishing law enforcement officers' addresses or phone numbers with intent to intimida
• Avera v. United Air Lines
  686 F. Supp. 2d 1262· N.D. Fla.· 2010-01-28
  The court held that claims against federal defendants were barred by sovereign immunity, mootness, and lack of jurisdiction, and that the Fair Treatment of Experienced Pilots Act did not violate due process or the Takings Clause.
• Citizens for Police Accountability v. Browning
  581 F. Supp. 2d 1164· M.D. Fla.· 2008-08-22
  The court held that the Florida statute's 100-foot no-solicitation zone is not narrowly drawn as applied to plaintiffs' exit petitioning activities, and thus likely violates the First Amendment.
• Chabad of Nova, Inc. v. City of Cooper City
  575 F. Supp. 2d 1280· S.D. Fla.· 2008-07-29
  The court held that the plaintiff had standing to challenge zoning restrictions on religious assemblies in business districts but not in other districts for certain claims. The court found the pre-October 2006 zoning code imposed unreasonable limitations on religious assemblies'
• In re Amendment TO THE Code OF Jud. Conduct-Amendments TO Canon 7
  985 So. 2d 1073· Fla.· 2008-07-03
  The Florida Supreme Court approved amendments to Canon 7 of the Code of Judicial Conduct to extend certain restrictions applicable to judges to judicial candidates, including requirements to maintain professional competence and refrain from commenting on jurors' verdicts outside
• Lowell Joseph Kuvin v. City OF Coral Gables
  Fla. 3d DCA· 2007-08-22
  Lowell Kuvin challenged Coral Gables ordinances that prohibited parking personal-use pickup trucks in residential areas, arguing they violated constitutional protections. The Florida District Court of Appeal reversed the city's summary judgment, holding that the truck parking ban
• Maverick Media Grp. v. Hillsborough Cnty.
  508 F. Supp. 2d 1126· M.D. Fla.· 2007-05-16
  The court adopted the Magistrate Judge's report and recommendation, denying plaintiffs' motion for partial summary judgment and granting defendant's motion for summary judgment.
• In & for New Castle Cnty. Wilmington Hospitality, LLC
  Del. Super. Ct.· 2007-04-26
  The Court denied New Castle County's motion for summary judgment, finding genuine issues of material fact regarding whether the plaintiff was treated differently from similarly situated entities without a rational basis, and whether a breach of contract occurred. The Court also h
• Rameses, Inc. v. Cnty. of Orange
  481 F. Supp. 2d 1305· M.D. Fla.· 2007-04-06
  The court granted in part and denied in part both parties' motions for summary judgment, finding some claims ripe and others barred by res judicata, and determining the appropriate standard of review for First Amendment challenges.
• Collier Cnty. v. State
  9th Cir. Ct. App. Div.· 2006-11-01
  Two mixed-use residential developments challenged Orange County's denial of their applications for alternative school impact fees. The appellate court affirmed the denial, holding that under the clear language of the county ordinance, alternative impact fees may only be based on
• DOE v. Gonzales
  546 U.S. 1231· U.S.· 2005-10-07
  The Circuit Justice denied an application to vacate a stay of a preliminary injunction, deferring to the Court of Appeals' expedited review of a significant constitutional ruling.
• Lockridge v. City of Oldsmar
  397 F. Supp. 2d 1347· M.D. Fla.· 2005-09-27
  The court held that while the claim for injunctive relief was moot due to the ordinance's repeal, the claim for monetary damages was not moot and the ordinance's content-based restrictions violated the First Amendment.
• Snowden v. Town of Bay Harbor Islands
  358 F. Supp. 2d 1178· S.D. Fla.· 2004-12-15
  The court found that the plaintiff's requested displays constituted protected private religious speech, and the analysis would proceed based on the forum classification of the relevant government property.
• A Choice FOR Women, Inc. v. Fla. Agency FOR Health Care Admin.
  872 So. 2d 970· Fla. 3d DCA· 2004-04-21
  A Choice for Women, Inc. and others appealed a dismissal of their challenge to Florida's Medicaid rules restricting abortion funding to cases where the mother's life is endangered or the pregnancy results from rape or incest. The court affirmed, holding that the rules are rationa
• One World One Family Now v. City of Key W.
  293 F. Supp. 2d 1291· S.D. Fla.· 2003-11-12
  The court held that the City's new ordinance prohibiting portable tables on sidewalks is a permissible time, place, and manner restriction that does not violate the First Amendment or the Equal Protection Clause, and does not violate a prior consent order.
• G.P. v. State
  842 So. 2d 1059· Fla. 4th DCA· 2003-04-23
  Four women challenged Florida's private adoption statutes requiring constructive notice to unknown fathers by publishing intimate details about the mothers' sexual relations. The Fourth District Court of Appeal reversed the trial court's declaratory judgment, finding the statutes
• D.N.S. v. State
  832 So. 2d 116· Fla. 2d DCA· 2002-08-16
  D.N.S., a minor, appeals her adjudication of delinquency for violating Tampa's juvenile curfew ordinance. After the Florida Supreme Court remanded for application of strict scrutiny rather than heightened scrutiny, the appellate court reversed the trial court's determination and
• J.A. v. State
  832 So. 2d 115· Fla. 2d DCA· 2002-08-16
  J.A. appeals his juvenile delinquency adjudication under Tampa's curfew ordinance, arguing it is unconstitutional. The Florida Supreme Court previously directed this court to apply strict scrutiny rather than heightened scrutiny in evaluating juvenile curfew ordinances. Upon rema