Southards v. Motel Management Co.

The very elementary question presented by this case is whether the legislature may extinguish a citizen’s fundamental rights for the sake of governmental efficiency.

I respectfully disagree that Day v. High Point Condo. Resorts, Ltd., 521 So.2d 1064 (Fla.1988), which holds that section 192.037, Florida Statutes (1991), is facially constitutional, is dispositive of the instant challenge ,to the statute as applied in this case. It seems clear to me, from a fair reading of Day, that the court abstained from reaching the question now presented. It noted:

In this case, no contention has been made…