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HOUSE OF REPRESENTATIVES v. EXPEDIA, INC.

No. 1D11-6545.

85 So.3d 517 (2012)

The FLORIDA HOUSE OF REPRESENTATIVES, on behalf of Rick Kriseman, in his official capacity as a Member of the Florida House of Representatives; and David Flintom, in his official capacity as Staff of the Florida House of Representatives, Appellants, v. EXPEDIA, INC.; Orbitz, LLC; Internetwork Publishing Corp., d/b/a Lodging.com; Travelocity.com, LLP; Priceline.com, Inc.; Travelweb LLC, Hotwire, Inc.; Hotels.com, L.P.; Broward County, Florida; and Florida Department of Revenue, Appellees.

District Court of Appeal of Florida, First District.

March 29, 2012.

Attorney(s) appearing for the Case

George T. Levesque , General Counsel, and Teresa Ward , Deputy General Counsel, Florida House of Representatives, Tallahassee, for Appellants.

David L. Horan and James P. Karen of Jones Day, Dallas, Texas; and Mark E. Holcomb of Madsen, Goldman & Holcomb, LLP, Tallahassee, for Appellee Expedia, Inc.

Jon C. Moyle of Keefe, Anchors, Gordon and Moyle, P.A., Tallahassee; Andrew J. Meyers , Chief Appellate Counsel, Broward County, and James D. Rowlee , Assistant Broward County Attorney, Ft. Lauderdale, for Appellee Broward County.

Pamela Jo Bondi , Attorney General, Jonathan A. Glogan , Chief, Complex Litigation, and Scott Makar , Solicitor General, Office of the Attorney General, Tallahassee; Leah L. Marino , Deputy General Counsel, Tallahassee, for Amicus Curiae Attorney General, Pam Bondi and The Florida Senate.

No appearance for Respondents Orbitz, LLC, Internetwork Publishing Corp., Travelocity.com LLP, PriceLine.com, Inc., Travelweb LLC, Hotwire, Inc., Hotels.com, L.P., and Florida Department of Revenue.

PADOVANO, J.

The issue before the court is whether a member of the Florida House of Representatives and his aide are entitled to claim legislative privilege as a ground for refusing to testify in a civil case. A legislative privilege existed under the common law, and we conclude that it continues to apply in Florida by general legislation adopting the common law. We also conclude that a legislative privilege is implicit in the separation of powers provision of the...

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