REVIEW OF FLORIDA LEGISLATION
Editors
The Review of Florida Legislation is an annual publication of the Florida State University Law Review, which offers articles examining significant legislation enacted during the preceding legislative session, important issues the Florida Legislature has not yet addressed, and federal issues and legislation affecting Florida. The Review’s purpose is two-fold: First, articles that review recent legislation provide a resource for those seeking legislative history and possible legislative intent; and second, articles that propose changes to current law are aimed at policymakers and lawmakers as a framework for evaluating possible legislative action.
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THE LEGISLATIVE CHALLENGE
Rhea Chiles
I am pleased to have the opportunity to introduce to you the Florida State University Review of Florida Legislation. It serves us well to reflect on the important work of the Florida Legislature, and it is fitting for this fine law school to dedicate an annual volume to illuminating the importance that the legislative exercise of power has upon our lives and the institutions of our state.
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CHILDREN IN FLORIDA ADULT PRISONS: A CALL FOR A MORATORIUM
Paolo G. Annino
Florida leads the nation in incarcerating children between the ages of thirteen and seventeen in adult prisons. On October 1, 1999, a typical day, there were 465 children in Florida prisons. Of the 465 children, there were 3 fourteen-year-olds, 29 fifteen-year-olds, 108 sixteen-year-olds, and 327 seventeen-year-olds. Occasionally, the Florida Department of Corrections (DOC) will admit a thirteen-year-old. As of September 8, 2000, there were eleven inmates in Florida prisons who were imprisoned for crimes that they committed when they were less than thirteen years old. One inmate committed his primary offense at the age of nine.
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THE ENIGMA OF WORKERS’ COMPENSATION IMMUNITY: A CALL TO THE LEGISLATURE FOR A STATUTORILY DEFINED INTENTIONAL TORT EXCEPTION
John T. Burnett
Like many states in this nation, the State of Florida has enacted a comprehensive set of workers’ compensation laws “to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker’s return to gainful employment at a reasonable cost to the employer.” Florida’s workers’ compensation system” is based on a mutual renunciation of common law rights and defenses by employers and employees alike.” A critical aspect of this mutual renunciation of rights is the concept of workers’ compensation exclusivity or workers’ compensation immunity. In simple terms, Florida’s workers’ compensation exclusivity statute provides tort immunity to an employer when an employee is injured within the course of his or her employment, so long as the employer has a valid workers’ compensation policy in place.
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GROWTH MANAGEMENT: FLORIDA’S PAST AS PROLOGUE FOR THE FUTURE
David L. Powell
Some years ago, the owner of an office park in a medium-sized Florida city engaged me to do some legal work. The assignment required me to track down the original developer who began the project in the late 1960s. With him, I reconstructed the original review process.
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OEM OR NON-OEM AUTOMOBILE REPLACEMENT PARTS: THE SOLUTION TO AVERY V. STATE FARM
Matthew W. Rearden
Would you pay $101,355 for a $23,263 Toyota Camry? If you built that car using only Original Equipment Manufacturer (OEM) parts from Toyota, that is how much it would cost. Even more shocking, the $101,355 would not even include paint or the labor required to assemble the vehicle. But a recent Illinois case—Avery v. State Farm Mutual Automobile Insurance Co.—has effectively mandated the use of OEM parts when insurance companies repair damaged vehicles.
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