1,231 Florida cases classified under this topic, plus 996 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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The court held that the psychotherapist-patient privilege under federal common law does not protect the identity of the patient or facts showing the occurrence of psychotherapy, only the substance of confidential communications.
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The court held that the Orange County public nudity ordinance is constitutional, not vague, and does not violate the First Amendment.
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George Turner challenges the constitutionality of Florida's Prison Releasee Reoffender Punishment Act under which he was sentenced for three counts of felony battery. The First District Court of Appeal rejects all of Turner's constitutional arguments and affirms his sentence, whi
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685 So. 2d 1338·
Fla. 2d DCA·
1996-06-05
·cited 1×
The court held that the owner lacked standing to challenge the dog bark ordinance as vague and that the ordinance was not overbroad, thus the circuit court erred in declaring it unconstitutional.
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866 F. Supp. 1399·
S.D. Fla.·
1994-10-20
·cited 1×
The court held that the county manager had final policy-making authority, making the county potentially liable under § 1983, and that the curfew was not unconstitutionally overbroad or vague.
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640 So. 2d 97·
Fla. 3d DCA·
1994-07-12
·cited 1×
Florida appealed a trial court's order dismissing commercial bribery charges against a credit manager for alleged kickbacks, arguing the statute was unconstitutionally vague. The appellate court reversed, holding that Florida's commercial bribe receiving statute is sufficiently c
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The court held that the Housing Authority property is a non-public forum, and the enforcement of the trespass statute was a reasonable time, place, and manner restriction, not substantially overbroad or void for vagueness.
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The Major Fraud Act, 18 U.S.C. § 1031, is not unconstitutionally vague on its face or as applied, as its language and legislative history provide sufficient clarity regarding the "value of the contract" for determining "major fraud."
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990 F.2d 36·
2d Cir.·
1993-03-31
·cited 1×
The court held that Connecticut's petition alternative ballot-access law is constitutional, and consequently, the media recognition statute, operating in tandem, is also constitutional. The court reversed the lower court's finding that the media recognition statute was unconstitu
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The court held that the term 'cocaine base' in 21 U.S.C. § 841(b)(1)(A)(iii) and U.S.S.G. § 2D1.1(c)(2) is not limited to 'crack' and encompasses other smokable, non-water-soluble forms of cocaine base. The substance in question, being smokable and chemically similar to crack, fa
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The court held that New York Labor Law § 220, as applied, may violate due process by unconstitutionally delegating authority to private parties to set prevailing wage rates without adequate safeguards, requiring further discovery and trial. Other claims were affirmed.
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580 So. 2d 873·
Fla. 1st DCA·
1991-05-30
·cited 1×
The First District Court of Appeal affirmed a summary final judgment for a land surveyor defendant in a professional malpractice case, holding that land surveyors qualify as professionals under Florida's two-year statute of limitations for professional malpractice. The court cert
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736 F. Supp. 1103·
S.D. Fla.·
1990-05-04
·cited 1×
The court held that the park regulations, as applied and narrowly construed by the park manager, did not violate the plaintiffs' First Amendment rights to free speech or expression, and that the regulations were not unconstitutionally vague or overbroad.
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874 F.2d 347·
6th Cir.·
1989-05-03
·cited 1×
The court held that the plaintiff's claims of unconstitutional vagueness, denial of due process, and discriminatory application of the residency requirement were without merit.
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715 F. Supp. 334·
M.D. Fla.·
1989-03-15
·cited 1×
The court held that the ordinance prohibiting buttocks exposure is not unconstitutionally vague and has not been selectively enforced against the plaintiffs. Therefore, the case is dismissed.
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679 F. Supp. 1547·
S.D. Fla.·
1988-02-25
·cited 1×
The court held that the Mayor's actions in silencing and removing the plaintiff from a public meeting violated the plaintiff's First Amendment rights, as the speech was protected political expression and not a genuine disruption.
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The court held that the distance ordinances were facially valid time, place, and manner regulations, but the special uses ordinances restricting adult nightclubs to a specific zone were problematic and potentially unconstitutional as applied.
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823 F.2d 880·
5th Cir.·
1987-08-10
·cited 1×
The Fair Debt Collection Practices Act (FDCPA) does not violate the equal protection clause, and its use of the term 'deceptive' does not render it unconstitutionally vague. The injunction also satisfies specificity requirements.
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Bennett M. Lifter, Inc. challenged the constitutionality of Dade County Ordinance 84-46, which created an administrative procedure for condominium conversions of hotels and motels in the RU-4A zoning district. The trial court upheld the ordinance as constitutional and valid, and
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The court held that the town ordinance prohibiting shirtless running in certain public areas is a reasonable exercise of the town's police power and does not violate the plaintiff's constitutional rights to free expression or equal protection.
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746 F.2d 1325·
8th Cir.·
1984-10-23
·cited 1×
The court held that employees failed to sufficiently allege constitutional violations, thus their lawsuit against the Postal Service could not be maintained despite the arbitration process.
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590 F. Supp. 805·
S.D. Fla.·
1984-07-06
·cited 1×
The court held that the challenged regulations were a proper exercise of the Secretary's authority and not arbitrary or capricious, and that plaintiffs were not third-party beneficiaries of an agreement between the state and federal government.
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427 So. 2d 371·
Fla. 2d DCA·
1983-03-04
·cited 1×
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Frank Smith was convicted of robbery, kidnapping, sexual battery, and first-degree murder in the death of convenience store clerk Sheila Porter. The Florida Supreme Court affirmed the convictions and death sentence, rejecting challenges to the indictment, admission of statements,
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523 F. Supp. 1135·
S.D. Fla.·
1981-09-30
·cited 1×
The court held that the regulation 31 C.F.R. § 515.415 is constitutional on its face and as applied, and the indictment correctly charges an offense under the Trading With the Enemy Act.
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Florida Supreme Court upheld the constitutionality of the state's extortion and anti-solicitation of legal business statutes against First Amendment challenges. The defendant was charged after threatening to take legal action against a development company unless hired as counsel,
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Junkyard owners appealed a trial court order upholding the constitutionality of a Florida statute requiring record-keeping of motor vehicles acquired as salvage. The Florida Supreme Court rejected challenges that the statute was unconstitutionally vague and constituted an unlawfu
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The court affirmed the Administrator's decision imposing the SO2 control plan, subject to reservations, and clarified that certain issues were disposed of by prior opinions or were fact questions for administrative review.
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The court held that the case was moot because the appellee's probation had expired and no collateral consequences flowed from his conviction, thus the district court lacked jurisdiction.
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D.D.C.·
1977-01-10
·cited 1×
The court held that Air Force Regulation 35-15, prohibiting military personnel from participating in demonstrations in foreign countries, was not unconstitutionally vague or overbroad as applied to the appellant's conduct.
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315 So. 2d 169·
Fla.·
1975-06-25
·cited 1×
The court held that Section 821.18, Florida Statutes, is constitutional and not unconstitutionally vague, as its language provides a sufficiently definite warning of proscribed conduct.
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The court held that the Florida statute prohibiting disorderly conduct is constitutional as applied by Florida courts, and the information tracking the statute was sufficient.
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The court held that the statute prohibiting possession of burglary tools was not unconstitutionally vague or broad, and the evidence was seized lawfully.
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Gene and Betty Zediker were convicted of contributing to the delinquency of a minor under Florida Statute § 828.21 after allowing their daughter to host a party at their home where an intoxicated guest was later found in a ditch. The Florida District Court of Appeal granted certi
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S.D. Fla.·
1932-01-18
·cited 1×
A widow sued Western Union for failing to deliver the full amount of a money order ($90 instead of $35) sent to her upon learning of her husband's death in Ohio, claiming she suffered mental anguish, illness, and physical pain as a result of being unable to attend the funeral. Th
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NetChoice has associational standing to challenge SB 351 on behalf of its member platforms because the claim does not require fact-intensive individual inquiries into particular members' circumstances and seeks declaratory and injunctive relief rather than damages. However, NetCh
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11th Cir.·
2026-07-07
The Individual Freedom Act's prohibition on university professors endorsing eight specified viewpoints relating to race, sex, and national origin violates the First Amendment as applied to public university professors. Garcetti v. Ceballos does not extend to classroom speech by u
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A plaintiff must demonstrate irreparable harm to obtain a preliminary injunction, and a mere showing of a constitutional violation, or speculative harm to principals, or the potential for later corrective action, does not meet this standard.
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S.D. Fla.·
2025-12-01
The court denied the motion for a preliminary injunction, finding the plaintiff did not establish a substantial likelihood of success on the merits regarding the city's time, place, and manner restrictions on protest.
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M.D. Fla.·
2025-11-13
The court granted summary judgment for the defendants on most counts, dismissing others for lack of standing, finding the plaintiff forfeited any protected liberty interest in accessing city property due to his trespass violations.
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The court held that while the petitioner is entitled to a vacatur of his 18 U.S.C. § 924(c) conviction due to the Supreme Court's ruling in *Davis*, he is not entitled to a resentencing hearing because the vacatur does not alter his overall sentencing range or make his sentence m
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A federal district court in Florida granted preliminary injunctions blocking enforcement of new state laws that restrict petition circulator eligibility, finding that the residency and citizenship requirements for those gathering signatures for ballot initiatives impose unconstit
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11th Cir.·
2025-05-13
Florida's Senate Bill 1438 criminalized knowingly admitting children to "adult live performances," including those depicting "lewd conduct," but the Eleventh Circuit Court of Appeals held the law was likely unconstitutional on its face because the vague definition of "lewd conduc
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The court held that Plaintiff's motion to compel discovery must be denied because Plaintiff failed to address most of Defendants' objections and the requests were overbroad.
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S.D. Fla.·
2025-04-08
The court denied the motion to vacate, finding no merit in the claims that the federal prosecution violated double jeopardy, that the guilty plea lacked a factual basis, or that the movant did not understand the charges.
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M.D. Fla.·
2025-01-22
The court held that the plaintiff plausibly stated claims for substantive and procedural due process violations, and First Amendment retaliation, but dismissed the claim that the trespass policy was void for vagueness.
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Fla. 4th DCA·
2025-01-08
Section 836.10(2), Florida Statutes, is constitutional both facially and as applied, and does not violate First Amendment rights because it narrowly targets threats of violence.
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John Armstrong was convicted of three counts of brandishing a firearm during crimes of violence under 18 U.S.C. § 924(c), based on bank robbery and attempted bank robbery predicates. The Eleventh Circuit affirmed his convictions, holding that the federal bank robbery statute is d