Highlights of Recent Cases
from the Florida Supreme Court & Florida District Courts of Appeal

CRIMINAL LAW--SEXUAL BATTERY--JURY INSTRUCTIONS. An instruction that the testimony of the victim need not be corroborated in a prosecution for sexual battery was misleading and constituted an improper comment on the evidence by the court. D1016a

RELIGION--FREE EXERCISE--ZONING. A county's application of its uniform land development code to a church which, as part of its Christian mission, operated a homeless shelter on church property without obtaining a required conditional use permit did not violate the Florida Religious Freedom Restoration Act or the federal Religious Land Use and Institutionalized Persons Act. D997a

TRUSTS. A trustee may not challenge a settlor's revocation of an inter vivos revocable trust, on undue influence grounds, after the settlor's death. D1011a

INSURANCE--PERSONAL INJURY PROTECTION. Benefits may be denied by a PIP insurer on the ground that the treatment was not reasonable, related, or medically necessary based on a medical report that was obtained by the insurer more than thirty days after receiving notice of a claim based on that treatment. D913c

PUBLIC RECORDS. An audio recording of a sentencing hearing is not a court record subject to disclosure. D893b

ATTORNEY'S FEES--INTEREST. A plaintiff who is awarded attorney's fees under the offer of judgment statute is entitled to prejudgment interest on the award to run from the date on which the plaintiff obtained a judgment higher than 125% of the plaintiff's written settlement offer. D915a

TORTS--WORKERS' COMPENSATION IMMUNITY. An unlicensed contractor is entitled to workers' compensation immunity for injuries suffered by a subcontractor's employees. D854c

DISCOVERY--WORK PRODUCT. Documents prepared in response to a request for information by a regulatory agency are not protected by the work product privilege where there is no basis to anticipate adverse agency action. D766a

TORTS--SOVEREIGN IMMUNITY. The Department of Children and Family Services is not liable for the negligent licensing of a substance abuse counselor who causes harm to his clients. D754a

INSURANCE--PERSONAL INJURY PROTECTION. A claim for PIP benefits may be assigned to a third party who is not a medical provider. D672b

TORTS--WORKERS' COMPENSATION IMMUNITY. Materialmen are excluded from the definition of a statutory employee, and a general contractor is not entitled to immunity from tort liability for job site injuries suffered by an employee of a materialman. D690d

LEGISLATION -- LOBBYISTS. Chapter 2005-359, Laws of Florida, codified at sections 11.045 and 112.3215, Florida Statutes (2008), which provides for the regulation and discipline of lobbyists, is constitutional. The Act does not violate the separation of powers doctrine, was validly enacted by the Florida Legislature, and does not infringe on the Florida Supreme Court's jurisdiction to regulate lawyers or the practice of law. S271a

RULES OF JUVENILE PROCEDURE -- AMENDMENT. The Court adopted amendments to Florida Rule of Juvenile Procedure 8.225, Process, Diligent Searches, and Service of Pleadings and Papers. S273a

CRIMINAL LAW -- INDIGENTS. The court approved a revised Application for Criminal Indigent Status form, and amended Florida Rule of Criminal Procedure 3.984, Application for Criminal Indigent Status. S274a

DRIVER'S LICENSE SUSPENSION. Due process did not require that a hearing officer determine the legality of the initial stop in a postsuspension hearing after the licensee's license was suspended for refusal to submit to a breath test. D583a

ATTORNEY'S FEES--OFFER OF JUDGMENT. A proposal for settlement made to joint parties was not valid where the proposal failed to specify the amount attributable to each party, even though the claims of the two plaintiffs were indistinguishable. D592a

DISSOLUTION OF MARRIAGE--DISABILITY BENEFITS. Where disability benefits from a private disability insurance policy are not retirement benefits, but represent a substitute for future lost income, they are not a marital asset and are not subject to equitable distribution. D581a

MORTGAGE FORECLOSURE. The failure to record the assignment of a mortgage does not preclude the assignee from foreclosing against an owner who purchased the mortgaged property after the assignment. D585a

CRIMINAL LAW--ACCESSORY AFTER THE FACT--INFORMATION. An information charging accessory after the fact is not rendered fundamentally defective because it does not allege the elements of the offense allegedly committed by the principal. D526b

WORKERS' COMPENSATION--FIREFIGHTER'S PRESUMPTION. The "firefighter's presumption" of compensability can be rebutted by competent evidence where the claimant presents no evidence other than the presumption to support a work-related cause of tuberculosis, heart disease, or hypertension. D516a

WATER RESOURCES. The Department of Community Affairs has no authority to require property owners who wish to drill wells on their own property to obtain permits from the Department. Water management districts have exclusive authority for permitting of consumptive use of water. D522a