West Flagler Associates, Ltd. v. DeSantis
Petitioners challenged the 2021 Seminole gaming compact's mobile sports betting provisions via a petition for writ of quo warranto, arguing the Governor and Legislature exceeded constitutional authority under article X, section 30. The Florida Supreme Court denied the petition, holding that quo warranto has never been and is not a proper vehicle to test the substantive constitutionality of an enacted law; such challenges belong in a circuit court declaratory judgment action.
Key facts
- West Flagler Associates, Ltd. petitioned for a writ of quo warranto challenging the 2021 Seminole gaming compact's mobile sports betting provisions, arguing the Governor and Legislature exceeded their constitutional authority under article X, section 30.
- The Florida Supreme Court denied the petition, holding that quo warranto is not a proper vehicle to test the substantive constitutionality of an enacted law and that such constitutional challenges must be brought as declaratory judgment actions in circuit court.
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Why it matters
This is the Florida Supreme Court's clearest statement to date policing the boundaries of its original quo warranto jurisdiction, foreclosing use of the writ as a shortcut to test the substantive constitutionality of… — full analysis with a trial
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