Searcy, Denney, Scarola, Barnhart & Shipley, etc. v. State of Florida

I dissent from the majority’s decision regarding both the certified question and the issue of severability.

I would adhere to our decision in Gamble v. Wells, 450 So.2d 850 (Fla. 1984), and answer the certified question in the affirmative. The enactment of section 768.28, Florida Statutes, has in no way undermined the reasoning of Gamble, which recognized the broad constitutional power of the Legislature in addressing a claims bill:

[The claimant] could only request that the legislature grant the compensation sought. The legislature then, as a matter of grace, could allow compensation, decide…