State Farm Florida Insurance Co. v. Buitrago
100 So. 3d 85
Fla. Dist. Ct. App.2012Background
- Buitrago and Buitrago filed a breach of contract action against State Farm over sinkhole-related damages.
- State Farm sought to stay litigation to conduct a neutral evaluation under section 627.7074 as a condition precedent.
- The Department of Financial Services assigned a neutral evaluator to perform the nonbinding evaluation.
- Buitragos objected, arguing the statute violates separation of powers and that the evaluator’s written recommendation could be inadmissible under the Florida Evidence Code.
- The circuit court prohibited further neutral-evaluation activity, finding section 627.7074 unconstitutional, and State Farm petitioned for certiorari review.
- This court granted certiorari, quashed the circuit court’s order, and remanded for proceedings consistent with this opinion.]
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is section 627.7074 constitutional under separation of powers? | Buitrago argues it encroaches on the judiciary. | State Farm maintains it preserves efficiency and does not diminish judicial authority. | No; statute constitutional on review. |
| Does subsection (13) make evaluator's recommendation admissible and impact trial? | Buitrago asserts it forces reliance on noncompliant evidence. | State Farm contends admissibility does not bind the court or override rules. | Admissibility permitted but not binding on court’s evidentiary weighing. |
| Did circuit court depart from essential requirements of law by invalidating the neutral-evaluation statute? | Buitrago claims constitutional interpretation error harmed-State Farm’s case. | State Farm contends statute aligns with existing authorities allowing ADR procedures. | Yes; circuit court erred in finding 627.7074 unconstitutional. |
Key Cases Cited
- Chrysler Corp. v. Pitsirelos, 721 So.2d 710 (Fla. 1998) (arbitration admissibility in evidence; not depriving access to courts)
- McCarthy v. Mensch, 412 So.2d 343 (Fla. 1982) (statutory mediation not unconstitutional; evidence admissibility part of trial)
- Kahn v. Villas at Eagles Point Condo. Ass'n, 693 So.2d 1029 (Fla. 1997) (condominium arbitration; final decision admissible in de novo appeal)
- Caple v. Tuttle’s Design-Build, Inc., 753 So.2d 49 (Fla. 2000) (statutes may include procedural elements without violating separation of powers)
- Baldwin v. Shands Teaching Hosp. & Clinics, Inc., 45 So.3d 118 (Fla. 1st DCA 2010) (discovery exclusion effects; post-judgment remedies limited)