Legal Opinion · Concurrence

D'Agastino v. City of Miami

Supreme Court of Alabama

Decided June 22, 2017No. SC16-645Published

1ConcurrencePariente, J.

I concur because the majority opinion is narrowly written to find only one portion of the City of Miami Civilian Investigative Panel (CIP) ordinance preempted by the Legislature through the Police Officers’ Bill of Rights (PBR) (§§ 112.531-.535, Fla. Stat. (2008)).10 Indeed, Justice Lewis, writing for the majority, emphasizes the importance of the Municipal Home Rule Powers Act (§ 166.021, Fla. Stat. (2008)) and the general rule that legislative preemption should be express. Majority op. at 420-21; see art. VIII, § 2(b), Fla. Const. I write separately. to reiterate that courts should narrowly…

2Cases cited13 opinions

  1. City of Miami Beach v. Rocio Corp.District Court of Appeal of Florida · 1981
  2. Tribune Co. v. CannellaSupreme Court of Florida · 1984
  3. Barragan v. City of MiamiSupreme Court of Florida · 1989
  4. Wyche v. StateSupreme Court of Florida · 1993
  5. TALLAHASSEE MEM. v. Tallahassee Med. Ctr.District Court of Appeal of Florida · 1996

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