January 2019 – Florida Justice Reform Institute

Opportunities approach for reforming assignment-of-benefits insurance legislation

January 29, 2019/in Florida Record

Opportunities approach for reforming assignment-of-benefits insurance legislation

By Glenn Minnis | Jan 29, 2019

Carolyn Johnson is hoping to seize the moment when it comes to reforming Florida’s assignment-of-benefits system.

“I think this is the perfect moment to strike on behalf of consumers across the state,” Johnson, Florida Chamber director of business economic development and innovation policy, told the Florida Record. “A lot more attention is now being focused on the issue and data clearly shows building evidence of consumers feeling as if they have been taken advantage of for far too long. Lawmakers are hearing a lot about that back in their home districts whenever they are there to interact with their constituents.”

Senate Bill 1168, aimed at addressing rising assignment-of-benefits concerns, passed in the Senate Judiciary Committee last year, but failed to go forward amidst concerns from business and insurance interests that it did not go far enough.

Even as Florida Sen. Greg Steube (R-Sarasota), who sponsored SB1168 and pushed forward on it, many of those who it figured to impact most continued to insist that it didn’t curb plaintiff lawyer abuses.

With Steube now no longer chairing the Senate Judiciary, many have circled the upcoming March 5 legislative session as a time that could signal the kind of change they feel is truly needed.

“I’m very optimistic that this is the year that we will get the kind of reform done that’s been a long time coming,” Johnson added. “There is definite agreement among a vast majority of people that there is a problem with abuses of benefits. According to the Department of Financial Services, there were over 34,000 lawsuits filed last year with assignment-of-benefits attached.”

Florida Justice Reform Institute president William Large argues the fact that more hasn’t already been done to address the issue is a testament to just how potent opposing forces truly are.

“The trial bar is a powerful lobby,” he told the Florida Record. “They have used third party vendors to speak for them. The third party vendors have, in turn, tried to make the insurance companies the bad guys. Efforts are being made to prevent the one way attorney’s fee from being assigned to third party corporate vendors.”

Currently, Florida state law allows homeowners who have suffered the likes of water damage to their property to assign their insurance policy rights over to third-party vendors, with one of the primary stipulations being that they make on-time payments and take on the responsibility of directly dealing with insurers.

Steube’s bill also sought to obliterate assignment-of-benefits contracts in instances where such requirements as assignees producing a copy of an AOB contract to the insurer within five days are not satisfied.

As it is, the Florida Record has previously reported property insurance rates have continued to spike with critics of the system largely attributing the increases to vendors charging insurance companies sky-high rates that essentially tie the hands of insurers.

But now, both Johnson and Large are optimistic that times may be on the verge of major change.

“Going forward, I’m very optimistic about consumer protection,” Johnson said. “We have been receiving and working with different organizations and hearing stories of consumers as part of a special coalition we’re building. We will continue to educate consumers whenever and wherever we can, as this legislation is a critical issue for them and we plan to continue to bring their concerns and fight to the forefront.”

When pressed with the question of if he believes new AOB reform legislation now has a chance of moving forward, Large keeps it direct and simple.

“Yes, I do,” he said.

https://flarecord.com/stories/511745117-opportunities-approach-for-reforming-assignment-of-benefits-insurance-legislation

Gov. DeSantis appoints Carlos Muniz to Supreme Court

January 22, 2019/in wctv.tv

Gov. DeSantis appoints Carlos Muniz to Supreme Court

By News Service of Florida | Posted: Tue 10:27 AM, Jan 22, 2019 | Updated: Tue 6:27 PM, Jan 22, 2019

TALLAHASSEE, Fla. (NSF) – In the final step in reshaping the Florida Supreme Court, Gov. Ron DeSantis on Tuesday named Carlos Muniz to the high court.

Muniz served as chief of staff to former Attorney General Pam Bondi, as a deputy general counsel to former Gov. Jeb Bush and recently has worked as general counsel for the U.S. Department of Education.

DeSantis has appointed three justices since taking office Jan. 8 in decisions that are expected to shift the court to the right. DeSantis earlier appointed South Florida appellate judges Barbara Lagoa and Robert J. Luck to the Supreme Court.

Lagoa, Luck and Muniz replaced longtime justices Barbara Pariente, R. Fred Lewis and Peggy Quince, who were required to step down this month because of a mandatory retirement age.

https://www.wctv.tv/content/news/Gov-DeSantis-appoints-Carlos-Muniz-to-Supreme-Court-504696301.html?jwsource=cl

DeSantis tilts FL Supreme Court to the right with new justice picks

January 22, 2019/in Florida Phoenix

DeSantis tilts FL Supreme Court to the right with new justice picks

By Lloyd Dunkelberger – January 22, 2019

Fl Cabinet

Newly appointed U.S. Supreme Court justice Carlos Muniz at a Tallahassee press conference. In background,
left to right, Attorney General Ashley Moody, Lt. Gov. Jeanette Nunez, and Gov. Ron DeSantis. Julie Hauserman photo.

Solidifying a conservative majority, Gov. Ron DeSantis on Tuesday made his third appointment to the Florida Supreme Court, selecting a former top legal aide to Gov. Jeb Bush and Attorney General Pam Bondi.

DeSantis tapped Carlos Genaro Muñiz, 49, as the third justice he has appointed since he took office earlier this month. DeSantis got the opportunity to name the new justices because mandatory retirement forced out three long-serving members of the Supreme Court: Barbara Pariente, R. Fred Lewis and Peggy Quince. They were part of a liberal 4-3 court majority that is now likely to be replaced by a conservative majority.

Muñiz most recently served as the general counsel under U.S. Education Secretary Betsy DeVos; he was appointed by President Donald Trump. Before that, he served a variety of government legal roles, including as a deputy general counsel to Bush and as Bondi’s deputy attorney general and chief of staff. He was also a top aide to U.S. Sen. Marco Rubio, R-Miami, when Rubio was speaker of the Florida House.

“When you ask them about Carlos, the praise is effusive …. People all say this is a guy who is brilliant but really humble,” DeSantis said about Muñiz’s former bosses.

The new Supreme Court faces a long list of pending legal questions, including a review of the state’s controversial “Stand Your Ground” self-defense law and whether cities should be allowed to set their own minimum wage laws. Advocates for a woman’s right to choose to end her pregnancy are also keenly watching developments on the new court, chiefly because the current state Supreme Court has consistently upheld the right to privacy in the state Constitution. The privacy clause has led the Court to repeatedly reject attempts by the state Legislature to restrict a woman’s right to choose.

DeSantis said he was impressed by Muñiz’s understanding of the so-called “separation of powers” doctrine.

“He understands the proper role of the court,” DeSantis said. “I think that is a very useful perspective to be able to bring to the court, particularly because one of the criticisms I’ve had with the court is that they have not understood their proper jurisdiction and they have expanded beyond where they should.”

Muñiz, a graduate of the Yale Law School, said the bulk of his legal experience has been in public service, working for “principled leaders.”

He credited Bush and his former general counsel, Charles Canady, who is now the chief justice of the Florida Supreme Court, for bringing him to Florida in January 2001 and providing a “gateway to so many blessings in my personal and professional life.”

“I wanted to work for principled leaders and I wanted to be part of teams that sought to promote the common good through a restrained government, a commitment to the rule of law and a belief in the God-given dignity and worth of every human life,” Muñiz said.

As a legal adviser to some of Florida’s top conservative leaders, Muñiz has played a key role in some of their major policy initiatives, including Bush’s efforts to expand the use of publicly funded scholarships to send students to private schools and Bondi’s legal challenge of the federal Affordable Care Act.

Muñiz said there would be a difference between his role as an adviser and his role as an appellate judge.

“I will have a solemn duty to set aside my own policy preferences. I wholeheartedly welcome that obligation,” he said.

Muñiz said “humility” would be another of his judicial guideposts.

“For a judge, humility means an unwavering respect for the separation of powers. The role of a judge is to preserve the Constitution, not to add to it or subtract from it,” he said.

In addition to Muñiz, DeSantis has also appointed Justices Barbara Lagoa and Robert Luck to the seven-member Supreme Court.

By law, voters get a chance to decide whether to retain Florida Supreme Court justices periodically. The three new justices DeSantis chose will face voters in 2020. The other current justices – Ricky Polston, Jorge Labarga, C. Alan Lawson and Charles Canady – are up for a retention vote in 2022.

Muniz and Lagoa are members of the Federalist Society, a conservative legal organization that promotes a philosophy of reducing government regulation, limiting court access, opposing marriage equality and increasing abortion restrictions.

In appointing Muñiz and Lagoa, DeSantis has increased the number of Hispanic justices on the court to three, along with Justice Jorge Labarga – an historic first.

But with Quince’s retirement, Florida’s highest court will be without an African-American justice for the first time since 1983. Florida Democratic Party Chairwoman Terrie Rizzo called that “extremely concerning.”

She said DeSantis has used his appointments “to stack the courts with his political allies,” noting Muñiz has no judicial experience but has “a long political resume.”

DeSantis said at a Tuesday press conference at the governor’s mansion that he likes the fact that Muñiz comes to the court with experience as a legal “practitioner” rather than as a judge. Other governors have used their court appointments to balance judicial experience with lawyers who practice in the courts.

Supporters of DeSantis’s appointments expect to see a Supreme Court that is more likely to be deferential to the state Legislature and more willing to uphold laws passed by conservative lawmakers.

Senate President Bill Galvano, R-Bradenton, who worked with Muñiz while Galvano was a House leader, praised DeSantis’s latest appointment.

“I know him to be a brilliant attorney and dedicated family man who will serve our state with great distinction in this important role,” Galvano said.

William Large, head of the conservative Florida Justice Reform Institute, which advocates for limits on how much people can collect in lawsuits against businesses, said DeSantis’s three court appointments close “the books on the previous majority’s record of judicial activism.”

He said DeSantis’s appointments, which came in the first weeks of his new administration, “will continue to reverberate” long after he has left office.

Like the other justices and judges around the state, Muñiz will be able to serve until he is 75 years old before he faces mandatory retirement. That’s because voters last fall approved a Florida constitutional amendment to raise the Supreme Court justice retirement age from 70 to 75. Voters will weigh in on whether to retain him periodically – the first time in 2020.

Muñiz is married to Kathleen Baur Muñiz, a former communications director for Gov. Bush. The couple has three children.

Bush tweeted praise for Muñiz’s appointment, saying Muñiz “will serve Florida with integrity and with the utmost respect for the rule of law.”

https://www.floridaphoenix.com/2019/01/22/desantis-tilts-fl-supreme-court-to-the-right-with-new-justice-picks/

DeSantis Picks Third Justice

January 22, 2019/in Capitol News Service

DeSantis Picks Third Justice
January 22nd, 2019 by Mike Vasilinda

Governor Ron DeSantis has made his third appointment to the Florida Supreme Court, naming a nearly 18 year veteran of state Government rather than a judge to the states highest court.

What sets this justice apart from most is that he has never been a judge.

On Inauguration Day Governor Ron Desantis made it clear.

“Judicial activism ends right here and right now,” said DeSantis.

On Tuesday, he named his third justice to the state’s highest court, Carlos Muniz.
Muniz has worked at the highest levels of both the legislative and executive branches in Florida.

“In my new role, I will have a solemn duty to set aside my own policy preferences,” said Muniz. “I wholeheartedly welcome that obligation”.

Muniz will be the only justice on the high court not to have served on a lower court.

“Governor Bush said he is one of, I think he maybe even said the smartest guy that ever worked for him in eight years,” said DeSantis.

The appointment immediately got high marks from the Even pro Florida Justice Reform Institute.

“Policy making decisions will no longer be made at the Flordia Supreme Court,” said FJRI President William Large. “They will be made at the Florida Legislature, as they should be.”

Even Pro-Choice advocates believe if the judges behave as they say they will, by not making laws, abortion rights in Florida will be safe.

Their point: If justices follow the constitution, Florida’s privacy clause protecting choice should prevail.

“It shouldn’t be done with a right wing bias or a left wing bias. It should be upheld,” said State Senator Lori Berman.

All three of the DeSantis appointments must face voters in a 2020 retention election.

Muniz becomes the 89th Supreme Court justice since statehood.

Most recently Muniz was appointed by President Trump to be the General Counsel for the US Department of Education.

http://www.flanews.com/2019/01/22/desantis-picks-third-justice/

Carlos Muñiz Named Florida’s 89th Florida Supreme Court Justice

January 22, 2019/in Sunshine State News

Carlos Muñiz Named Florida’s 89th Florida Supreme Court Justice

By NANCY SMITH
January 22, 2019 – 10:45am

Muniz announcement

Conservative Carlos Muñiz is Gov. Ron DeSantis’ third and final choice to replace the three justices who have mandatorily retired on the Florida Supreme Court.

DeSantis, with Lt. Gov Jeanette Nuñez and the Muñiz family at his side, made the announcement during a Tuesday morning press conference on the doorstep of the Governor’s Mansion.

In his remarks, DeSantis said, “The court is going to apply the law as written. You may not agree with every decision, but (the justices) are not going to go off on a major tangent. I think that is very good for us. I think that the separation of powers will be strengthened with the newly constituted court.”

“The role of a judge is to preserve the Constitution, not to add to it or subtract from it,” Muniz said. “I believe strongly in judicial independence, but judges have to earn that independence through their fidelity to the Constitution.”

Muñiz, 49, has been called an intellectual and a textualist who believes firmly in the rule of law.

He was the general counsel for the United States Department of Education. Prior to his appointment, he was employed by McGuireWoods.

He received his undergraduate degree from the University of Virginia and his Juris Doctor from Yale Law School. He clerked for José A. Cabranes of the United States Court of Appeals for the Second Circuit and Thomas Aquinas Flannery of the United States District Court for the District of Columbia.

Carlos Muñiz

Muñiz served as deputy attorney general and chief of staff to Florida Attorney General Pam Bondi and deputy general counsel for former Florida Gov. Jeb Bush and was said to “demonstrate his commitment to judicial restraint” during that time. He was also deputy chief of staff and counsel in the office of the speaker of the Florida House, and general counsel of the Florida Department of Financial Services. In 2013, Muñiz was involved in the discussions with Bondi that led her to take no action on consumer complaints against Trump University.

He represented Florida State University against a student who accused its quarterback, Jameis Winston, of raping her. The Education Department’s Office for Civil Rights investigation into the matter remained open at the time of his nomination.

In response to DeSantis’ appointment, William Large, president of the Florida Justice Reform Institute, said, “Gov. DeSantis’ appointment of Carlos Muñiz as the 89th justice to the Florida Supreme Court marks a turning point for jurisprudence in Florida. …

“Mr. Muñiz’s appointment, along with the recent appointments of Justices (Barbara) Lagoa and (Robert) Luck, closes the books on the previous majority’s record of judicial activism.”

Concluded Large, “Long after Ron DeSantis completes his service as governor of the State of Florida, his first accomplishment — restoring the Supreme Court to its proper role — will continue to reverberate.”

Florida Democratic Party Chair Terrie Rizzo responded by bemoaning racial exclusion on the high court.

“It’s extremely concerning that for the first time in decades Florida will not have have an African American justice,” she said. “From (the Muñiz) appointment, it’s clear that Ron DeSantis has no respect for the rule of the law, and is seeking to stack the courts with his political allies. Carlos Muñiz has no judicial experience, instead comes with a long political resume that includes working for Betsy DeVos’ Department of Education and Pam Bondi’s Attorney General office. … Fortunately, we live in a country of law and Florida Democrats will take every step necessary to defend the rights of every Floridian.”

Senate President Bill Galvano, R-Bradenton, released this statement following DeSantis’ announcement:

“I am pleased to offer my congratulations to my friend Carlos. Today’s appointment to the Florida Supreme Court is certainly the culmination of his lengthy and distinguished career in public service. I had the opportunity to work closely with Carlos during my service as Rules Chair in the Florida House. I know him to be a brilliant attorney and dedicated family man who will serve our state with great distinction in this important role.

“I appreciated Carlos’ comments today on the importance of restrained government, the rule of law, and respect for the value and dignity of each person. I also applaud his comments on the importance of judicial independence and the commitment each judge must make to set aside personal policy preferences. I commend Governor DeSantis on another outstanding appointment to the Florida Supreme Court.”

Reach Nancy Smith at [email protected] or at 228-282-2423. Twitter: @NancyLBSmith

http://sunshinestatenews.com/story/carlos-mu%C3%B1iz-named-floridas-89th-florida-supreme-court-justice

New justices could refuel workers’ comp fight

January 17, 2019/in News4Jax

New justices could refuel workers’ comp fight
By Christine Sexton, The News Service of Florida
Posted: 6:16 PM, January 17, 2019

HOR

TALLAHASSEE, Fla. – The appointment of two new Florida Supreme Court justices has galvanized the business community’s interest in tackling attorney fees in the workers’ compensation insurance system.

Bill Herrle, executive director of the National Federation of Independent Business in Florida, has since 2016 called for the Legislature to limit what plaintiffs’ attorneys can charge injured workers.

He acknowledged that the issue has been thwarted by lawmakers’ reluctance to pass fee caps because of fears that such limits could be struck down by the Supreme Court.

But with the forced retirement last week of three Supreme Court justices and Gov. Ron DeSantis’ choice of replacements, Herrle thinks the chances to impose fee caps have increased.

“It has emboldened the Legislature and put some starch in their shorts,” Herrle said of lawmakers’ willingness to address the issue during the 2019 session, which starts March 5.

The House Insurance & Banking Subcommittee will examine workers’ compensation issues, including litigation and attorney-fee issues, when it meets Tuesday in Tallahassee.

Workers’ compensation is a no-fault system meant to protect workers and employers. It is supposed to provide workers who are injured on the job access to medical benefits they need to be made whole. In exchange for providing those benefits, employers generally cannot be sued in court for causing injuries.

But workers’ compensation also is one of the most divisive issues in Tallahassee because of the breadth of its impact, touching disparate interests including injured workers, employers, health-care providers, insurance companies and workers’ attorneys.

While the system is generally set up to avoid lawsuits, disputes about benefits often lead to legal fights. If lawmakers move forward with trying to limit attorney fees, they likely will meet opposition from groups such as the Florida Justice Association, which represents plaintiffs’ attorneys.

Opponents of fee caps say lawmakers should focus, in part, on issues such as the adequacy of benefits for injured workers and allowing more choice in health-care providers. Business and insurance groups contend that attorney fees drive up workers’ compensation costs.

But a push for changes during the 2019 session will come on the heels of rate decreases. Florida Insurance Commissioner David Altmaier approved an overall 13.8 percent decrease in workers’ compensation insurance rates for 2019 and a nearly 10 percent reduction in rates for 2018.

The rates were reduced despite warnings from business groups and insurers that a 2016 Supreme Court ruling that tossed out restrictive fee caps would lead to an increase in litigation and skyrocketing rates.

The 2016 ruling, by a 5-2 majority of the court, said that fee caps put into place in 2003 and adjusted in 2009 were unconstitutional. While regulators approved rate decreases for 2018 and 2019, they approved a 14.5 percent increase in 2016 that was largely an outgrowth of the Supreme Court ruling.

Four of the justices who struck down the fee caps are no longer on the court. The opinion was written by former Justice Barbara Pariente, who along with justices R. Fred Lewis and Peggy Quince, retired Jan. 8 because of a mandatory retirement age.

DeSantis, who took office Jan. 8, has filled two of the three vacancies, appointing former appellate judges Robert J. Luck and Barbara Lagoa. The new justices have drawn praise from conservative groups such as the Florida Justice Reform Institute, whose president, William Large, praised DeSantis for his “commitment to setting a new course for our Florida Supreme Court.”

The appointments take the Supreme Court in a more conservative direction and breathe life into the business community’s push for the Legislature to reinstate fee caps.

“Just the Legislature knowing that they have a fresh bench to look at their work, I think, is worth a few votes,” Herrle said.

House Speaker Jose Oliva told The News Service of Florida recently that he’s not keen on controlling what people can charge for their services, saying he would “much rather focus my attention on creating the health of an environment rather than trying — through decree — to make it what I wish it was. “

But Oliva, R-Miami Lakes, said the House would examine workers’ compensation, acknowledging that it exists “a little in its own space.”

Senate President Bill Galvano, R-Bradenton, also has expressed support for addressing workers’ compensation this session.

News Service of Florida

https://www.news4jax.com/news/florida/new-justices-could-refuel-workers-comp-fight

Governor names Luck to Florida Supreme Court

January 17, 2019/in Florida Record

Governor names Luck to Florida Supreme Court
By Charmaine Little | Jan 17, 2019

MIAMI — Florida Gov. Ron DeSantis has officially appointed Justice Robert J. Luck to the Florida Supreme Court, making him the second judge from the Third District Court of Appeal to receive the honor.

DeSantis announced the appointment at a well-known Jewish institution, the Scheck Hillel Community School in northeast Miami-Dade on Jan. 14. Luck is the first Jewish justice to join the court in more than 20 years, according to the Miami Herald.

Luck, 39, along with Justice Barbara Lagoa, whom DeSantis also appointed from the Third District court (the first Cuban-American woman on the Florida Supreme Court), will fill two vacancies after the mandatory retirements of Justices Barbara Pariente and Peggy Quince.

“Gov. DeSantis’ appointment of Justice Luck as the 88th justice to the Florida Supreme Court, following his appointment of Justice Lagoa last week, continues an impressive record of accomplishment in only the first few days of his administration,” said William Large, president of the Florida Justice Reform Institute, an organization that seeks to reduce fruitless litigation and improve fair and just legal practices. “Gov. DeSantis’ actions are the mark of a leader determined to exert the executive’s constitutionally lawful check on the judicial branch of government.”

Although Luck only served less than two years on the Third District Court of Appeal before his appointment to the state Supreme Court, Large said Luck’s background and history has prepared him for the transition.

“Justice Luck’s broad experience and legal acumen will serve the court as well,” Large said.

DeSantis appointed Luck and Lagoa just days after being sworn in last week. He is slated to choose one final candidate to replace retiring Justice Fred Lewis. Lewis, Quince and Pariente frequently agreed on more liberal philosophies and often sided against the Republican legislature.

https://flarecord.com/stories/511721308-governor-names-luck-to-florida-supreme-court

Ron DeSantis Names ‘Scalia-Like’ Robert Luck to Florida Supreme Court

January 14, 2019/in Florida Daily

Ron DeSantis Names ‘Scalia-Like’ Robert Luck to Florida Supreme Court

By FLORIDA DAILY – 01.14.19

Still less than a week into his term, on Monday, Gov. Ron DeSantis named Florida Third District Court of Appeal Judge Robert Luck to the Florida Supreme Court, the second appointment DeSantis has made to that court during his short tenure.

Justice Barbara Lagoa, who DeSantis named to the court last week, swore Luck in at an event at Scheck Hillel Community School in South Florida.

“It is a great privilege for me to appoint Robert Luck to the Florida Supreme Court,” DeSantis said. “Justice Luck has a public servant’s heart and a deep understanding of the constitutional separation of powers and the proper role of the courts.

“Not only will he be a formidable force on the Florida Supreme Court, I think he will immediately command the respect of his colleagues and Florida’s judicial community. Our state is fortunate to have Justices Luck and Lagoa now serving on the bench,” DeSantis added.

Originally from Miami, Luck was named to the Florida Third District Court of Appeal by then Gov. Rick Scott in March 2017. Before that, he sat on the Eleventh Judicial Circuit Court of Florida from September 2013 to March 2017 kept his seat in the 2016 elections as Miami-Dade voters opted to retain him. He also served as an Assistant United States Attorney for the Southern District of Florida.

Florida Family Policy Council President John Stemberger, one of the leading social and religious conservatives in the Sunshine State and an attorney, praised the appointment.

“Robert Luck is a brilliant jurist. To speak with, or listen to Judge Luck, is to realize you are in the presence of a truly unique and Scalia-like intellect,” Stemberger said. “Luck fully understands that the role of a judge is a limited one of restraint. He has demonstrated over the years through his written decisions and public statements, that the job of a judge is to interpret law as it is written and not make law or engage in result-oriented decision making. As an observant Jew, Luck is also grounded in ethical and moral principles that will surely guide and inform his service to the state of Florida. Once again, Ron DeSantis has made a very solid appointment that will help to define his legacy as governor for years to come.”

Stemberger showcased the following quote from Luck.

“I understand how the judiciary — what Hamilton called our least dangerous branch — fits into our system of government,” Luck said. “Having worked in each of the three branches, I understand the modest role of the judge in reviewing the laws enacted by the legislature, the actions taken by the executive, and the findings of the lower courts… I have conducted myself that way for the last five years, and I will continue to do so as long as I am permitted to serve.”

William Large, the president of the Florida Justice Reform Institute and an ally to the business community in the fight against trial lawyers, also applauded the appointment.

“Governor DeSantis’ appointment of Justice Luck this morning as the 88th Justice to the Florida Supreme Court, following his appointment of Justice Lagoa last week, continues an impressive record of accomplishment in only the first few days of his administration,” Large said on Monday.

“Governor DeSantis’ actions are the mark of a leader determined to exert the executive’s constitutionally lawful check on the judicial branch of government,” Large added. “Justice Luck’s broad experience and legal acumen will serve the Court well. The Florida Justice Reform Institute applauds Governor DeSantis’ for his continued commitment to setting a new course for our Florida Supreme Court.”

https://www.floridadaily.com/ron-desantis-names-scalia-like-robert-luck-to-florida-supreme-court/

Robert Luck’s Florida Supreme Court appointment garners reaction

January 14, 2019/in Florida Politics

Ron DeSantis is naming Robert J. Luck of the
Third District Court of Appeal as his second
appointment the Florida Supreme Court.

(Image via J. Albert Diaz)

Robert Luck’s Florida Supreme Court appointment garners reaction
By Staff Reports on January 14, 2019

Leaders in law, politics and business chimed in after news that Gov. Ron DeSantis had appointed appellate judge Robert Luck to fill a vacancy on the state’s Supreme Court:

— Republican Attorney General Ashley Moody: “Judge Luck has distinguished himself in his service as a federal prosecutor, circuit court judge, and a judge on the Third District Court of Appeal. He will be a great addition to the Florida Supreme Court.

“As a former judge and prosecutor, it is important that we have well-qualified justices who are committed to the rule of law. Personally, I am excited about Justice Luck’s appointment. We served as circuit judges at the same time and we taught judges together constitutional principles and fundamental rights against unlawful governmental intrusions.

“I know he will be a vigilant guardian of freedom and separation of powers. My office looks forward to appearing in front of the full Florida Supreme Court, including Justice Luck.”

— Senate President Bill Galvano, a Bradenton Republican: “I was pleased to read that Justice Luck commented during the announcement of his appointment that the Constitution, not the Judiciary, is supreme. I certainly agree.

“Governor DeSantis has demonstrated again today that he is committed to appointing judges who have the utmost respect for the separation of powers defined in our Constitution. I wish Justice Luck well as he begins his service on our state’s highest court.”

— U.S. Sen. and former Gov. Rick Scott, a Naples Republican, in a tweet: “Another strong choice from @GovRonDeSantis! Congratulations to Robert Luck on his appointment to the Florida Supreme Court. I was proud to appoint him to the District Court in 2017 and I know he will always uphold the Constitution and the rule of law.”

— House Speaker Jose Oliva, a Miami Lakes Republican: “… a welcome development for all who believe in judicial restraint. Justice Luck’s vocal repudiation of judicial activism and opposition to legislating from the bench is both a refreshing and reassuring judicial philosophy.

“With each nomination the Governor is solidifying Florida’s place amongst those who cherish freedom and the rule of law. I congratulate Justice Luck and his family and welcome another Miami native to the Florida Supreme Court.”

— Sen. Perry Thurston Jr., a Fort Lauderdale Democrat: “With his last appointment to Florida’s Supreme Court imminent, we are again urging Governor Ron DeSantis to maintain diversity on our highest court. We know there are candidates not being considered that are highly qualified and represent Florida’s diversity.”

— Florida Family Policy Council President John Stemberger: “Robert Luck is a brilliant jurist. To speak with, or listen to Judge Luck, is to realize you are in the presence of a truly unique and Scalia-like intellect.

“Luck fully understands that the role of a judge is a limited one of restraint. He has demonstrated over the years through his written decisions and public statements, that the job of a judge is to interpret law as it is written and not make law or engage in result-oriented decision making.

As an observant Jew, Luck is also grounded in ethical and moral principles that will surely guide and inform his service to the state of Florida. Once again, Ron DeSantis has made a very solid appointment that will help to define his legacy as Governor for years to come.”

— William Large, president of the Florida Justice Reform Institute: “Governor DeSantis’ appointment of Justice Luck … continues an impressive record of accomplishment in only the first few days of his administration. DeSantis’ actions are the mark of a leader determined to exert the executive’s constitutionally lawful check on the judicial branch of government.

“Justice Luck’s broad experience and legal acumen will serve the Court well. The Florida Justice Reform Institute applauds Governor DeSantis’ for his continued commitment to setting a new course for our Florida Supreme Court.”

— Fred Karlinsky, Greenberg Traurig shareholder and member of the Florida Supreme Court Judicial Nominating Commission: “Governor DeSantis made another excellent and very thoughtful Supreme Court selection. Robert Luck has a good record on the bench and a reputation as someone who is going to uphold the law. Like newly appointed Justice Lagoa, he has been dedicated to public service.”

http://floridapolitics.com/archives/285408-robert-luck-supreme-court-reaction

What They Are Saying: Florida Leaders React to Governor Ron DeSantis’ Appointment of Barbara Lagoa to the Florida Supreme Court

January 10, 2019/in Orlando Political Observer

What They Are Saying: Florida Leaders React to Governor Ron DeSantis’ Appointment of Barbara Lagoa to the Florida Supreme Court

BY ORLANDO POLITICAL ON JANUARY 10, 2019

Tallahassee, Fla. – Governor Ron DeSantis appointed Florida Third District Court of Appeals Judge Barbara Lagoa to the Florida Supreme Court, replacing retiring Justice R. Fred Lewis. Justice Lagoa is the first Cuban American woman in history to serve on the Florida Supreme Court. Here is what state leaders and stakeholders are saying:

“It’s an honor to join Governor DeSantis at the historic Freedom Tower, which has served as a beacon of hope for so many. I am excited that the Governor has appointed such an extraordinarily well qualified candidate to the Florida Supreme Court. Justice Barbara Lagoa embodies the work ethic and values of the South Florida community. She will be an outstanding jurist who will uphold our constitution and the rule of law.”

– Lieutenant Governor Jeanette Nuñez

“I appreciated the Governor’s comments during his inauguration yesterday in which he stressed the proper role of the judiciary, and I am confident today’s appointment of Justice Lagoa is in line with the standards the Governor laid out during his remarks. I share the Governor’s concern that in recent years the power of the judicial branch has extended beyond its limited constitutional responsibility, in many cases eroding the authority of the legislative branch. I believe democracy is at its best when each branch of government exercises both authority and restraint at the appropriate time. That concept was certainly at the heart of the many of the comments we heard from the Governor yesterday, and echoed again this morning with the appointment of Justice Lagoa. I offer my congratulations to Justice Lagoa and wish her well as she begins this exciting new role serving our state on the Florida Supreme Court. I also congratulate Governor DeSantis on his first Supreme Court appointment.”

– Florida Senate President Bill Galvano

“Governor DeSantis has begun his term with a judicial homerun. Justice Barbara Lagoa is eminently qualified to serve the state of Florida on the Supreme Court. Whether it was graduating from Columbia Law school, serving as an Assistant United States Attorney, or serving as a judge on the Third District Court of Appeal, Justice Lagoa’s commitment to this country and our Constitution should serve as an example for all Floridians. Today, one of Hialeah’s own sits on the Florida Supreme Court. And freedom is more secure because of it.”

– Florida House of Representatives Speaker Jose Oliva

“For the past 12 years, Judge Lagoa has served our community and judiciary as the first Cuban-American woman on the Third District Court of Appeal. CABA is very proud of all her accomplishments and her new role in the Florida Supreme Court. … As a fellow daughter of Cuban exiles, I am excited that Governor DeSantis made such a wise choice for the Florida Supreme Court. Judge Lagoa has always set a bright example for the legal community and has an impeccable record as a jurist.”

– Maria D. Garcia, President-Elect of the Cuban American Bar Association (CABA)

“Governor DeSantis’ appointment of Justice Lagoa as the 87th justice to the Florida Supreme Court is the first step towards fulfilling his promise to appoint judges who will interpret the law and not legislate from the bench. The Florida Justice Reform Institute, on behalf of the business community, has long called for judges who are textualists — who will say what the law is, and not what they think it should be — and who show deference to the Legislature as the rightful policymaking branch of government. Justice Lagoa brings these exact qualities and an impressive record to the Court at a critical time. The Florida Justice Reform Institute applauds Governor DeSantis’ on his wise and thoughtful choice that will have a profoundly positive impact on Florida for a long time.”

– William Large, President of the Florida Justice Reform Institute

http://orlando-politics.com/2019/01/10/what-they-are-saying-florida-leaders-react-to-governor-ron-desantis-appointment-of-barbara-lagoa-to-the-florida-supreme-court/

Florida Justice Reform Institute

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