STATE v. FLORIDA WORKERS' ADVOCATES

No. 3D14-2062.

167 So.3d 500 (2015)

The STATE of Florida, Appellant, v. FLORIDA WORKERS' ADVOCATES, et al., Appellees.

District Court of Appeal of Florida, Third District.

June 24, 2015.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, and Allen Winsor , Solicitor General, Adam S. Tanenbaum , Chief Deputy Solicitor General, and Osvaldo Vasquez , Deputy Solicitor General, Tallahassee, for appellant.

Mark L. Zientz , Miami, and Richard A. Sicking , Coral Gables, for appellees.

Sugarman & Susskind, P.A., and Noah Scott Warman for Florida Professional Firefighters as amicus curiae.

Michael J. Winer , Fort Lauderdale, and Geoff Bichler , for Florida Justice Association; Fraternal Order of Police; Police Benevolent Association; and International Union of Police Associations, as amici curiae.

Akerman LLP and Katherine E. Giddings , Kristen M. Fiore , Tallahassee, Gerald B. Cope, Jr. , Miami, and William W. Large , for the Florida Chamber of Commerce and the Florida Justice Reform Institute as amici curiae.

Gunster Yoakley & Stewart and Kenneth B. Bell for Associated Industries of Florida; Associated Builders and Contractors of Florida; The Florida Insurance Council; The Property Casualty Insurers Association of America; Florida Roofing, Sheet Metal and Air Conditioning Contractors Assn.; The National Federation of Independent Business; The Florida United Businesses Assn., Inc.; Sedgwick Claims Management Services; The Florida Assn. of Insurance Agents, Inc.; The Florida Restaurant and Lodging Assn., Inc.; and the Florida A.G.C. Council, Inc., as amici curiae.

Before SHEPHERD, C.J., and LAGOA and SALTER, JJ.


The State of Florida appeals a final summary judgment determining that section 440.11, Florida Statutes (2014), the "exclusiveness of liability" provision of the Florida Workers' Compensation Law that immunizes from suit an employer and its employees for covered, work-related injuries, is facially unconstitutional under the United States...

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