Citation

Fla. State Univ. Law Rev. 2009; 36(4): 931-942.

Copyright

(Copyright © 2009, Florida State University, College of Law)

DOI

unavailable

PMID

unavailable

Abstract

This Note addresses the Northern District of Florida’s recent decision evaluating the constitutionality of Florida’s controversial "guns at work" law. In Florida Retail Federation, Inc. v. Attorney General, the court held that the provisions of the statute requiring businesses to allow customers to keep firearms in their cars were unconstitutional under the Equal Protection Clause, but upheld the constitutionality of the statute as applied to employees. Florida Retail is notable for three reasons. First, the case involves a unique intersection of property rights, legislative prerogatives, and statutory interpretation. Second, the court decided the case on rational basis equal protection grounds, which is noteworthy on its own, but particularly interesting because the court appears to have raised the equal protection argument sua sponte. Finally, there is some tension between the court’s determination that the statute is not ambiguous and its holding that the customer rights provision violated the Equal Protection Clause. This Note provides a short summary of the statute before addressing Chief Judge Hinkle’s opinions in the case.