Massey v. David

Summary

In Massey v. David, 979 So.2d 931 (Fla. 2008), the Florida Supreme Court held that section 57.071(2), Florida Statutes, which conditions the taxation of expert witness fees as costs on providing a written expert report, is an unconstitutional procedural statute that violates separation of powers by encroaching on the court’s exclusive rulemaking authority under Article V, Section 2(a) of the Florida Constitution. The court determined the provision is purely procedural because it does not create a substantive right but imposes discovery-related requirements that conflict with the Florida Rules of Civil Procedure. The decision reaffirms that the legislature may not enact procedural rules that interfere with the judiciary’s constitutional power to govern practice and procedure.

Holdings

1. Section 57.071(2) is unconstitutional because it is purely procedural in nature, does not create a substantive right, and conflicts with the Florida Rules of Civil Procedure and the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions, thereby impermissibly intruding on this Court's exclusive authority to adopt rules of practice and procedure.

Questions Presented

1. Whether section 57.071(2), Florida Statutes (1999), which conditions the recovery of expert witness fees as taxable costs on furnishing a written expert report, is an unconstitutional encroachment on the Florida Supreme Court's exclusive rulemaking authority over practice and procedure under article V, section 2(a) of the Florida Constitution.

Disposition

affirmed