Colson Hicks Eidson Partner Co-Authors Article for The Florida Bar

May 4, 2020 / 11:42 am

Colson Hicks Eidson partner Bob Martinez recently co-authored an article for The Florida Bar Journal that highlights a significant change to Florida’s Constitution. Mr. Martinez served as a member from 2017-18 of the Florida Constitution Revision Commission (“the CRC”), which is authorized to propose amendments to the Florida Constitution for voter approval.

In 2018the voters approved one of the amendments proposed by the CRC that was introduced by Mr. Martinez as its principal sponsor. That amendment prohibits all Florida state courts and administrative officers from deferring to an administrative agency’s interpretation of statutes and rules they are charged to administer, and must instead interpret such statute or rule de novo. This kind of interpretation is referred to as “agency deference.”

THE NEW LAW IN FLORIDA’S CONSTITUTION

As a result of the amendment, Florida’s Constitution now requires any state court or administrative officer to make a legal interpretation of a state statute or rule independent of an agency’s interpretation in any litigation between a private and a government agency of Florida.

Mr. Martinez and the authors write that agency deference often lead to unfair judgments in favor of the government, leaving disadvantaged private parties in its wake. The abolition of agency deference will effectively enhance the independence of the judiciary and protect the due process rights of all private litigants by “leveling the playing field” in all legal proceedings against the government on a matter dealing with the legal interpretation of a statute of rule. The government will no longer get the unfair advantage of saying what the law is. The judiciary will make that independent interpretation after listening to all sides equally.

WHAT IS AGENCY DEFERENCE?

The concept of judicial officials deferring to agencies for the legal interpretation of a statute is not new. At the federal level, this is known as “Chevron Deference,” which originated from the 1984 case Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984). This case held that the court and agencies must follow the expressed intent of Congress when analyzing an unambiguous statute. But, if the statute is unclear, a court may not substitute its own interpretation of the statute for a reasonable interpretation made by the agency.
Florida’s version of “Chevron Deference” was simply known as “agency deference.” This was abolished as of January 8, 2019, the day the amendment took effect.

OPPOSITION TO AGENCY DEFERENCE

Agency deference has always been a controversial concept. As Attorney Martinez and the co-authors of the article for The Florida Bar Journal point out, “The erosion of individual liberty, due process, and the separation of powers, as a result of the agency deference doctrine, dominated Florida’s administrative law jurisprudence for the greater part of the last century.”

THE TEAM AT COLSON HICKS EIDSON IS ACTIVE IN THE LEGAL COMMUNITY

At Colson Hicks Eidson, our lawyers are more than just successful courtroom trial lawyers. They are also actively involved in the legal community in Florida and throughout the United States. We are proud of the work by our partner Bob Martinez for his work on the Florida Constitution Revision Commission advancing the right of private parties and for co-authoring this article in the Florida Bar Journal.

Every member of our team has a deep understanding of legal issues, and we closely watch changes to Florida and federal laws. By ensuring that we stay on top of these changes, we are making a guarantee to our clients – that we are the best attorneys for handling their legal matters.

Our award-winning law firm has recovered more than $1 billion in injury settlements and verdicts for clients in Florida and throughout the United States. All of our lawyers have worked to build Colson Hicks Eidson into a nationally recognized firm that stands up for the rights of all our clients. You can contact us for a free consultation by clicking here or by calling us at 305-476-7400.

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Colson Hicks Eidson has been named to the 2027 edition of “Best Law Firms” by Best Lawyers®, recognized at both the national and regional levels. Twelve of the firm’s attorneys were also named to the 2027 edition of Best Lawyers across multiple practice areas.

Best Lawyers® ranks top lawyers and law firms through a peer review process, using feedback from lawyers, clients, and professional references, along with firm data. 

We’re proud to be recognized in the following categories:

National

  • Mass Tort Litigation/Class Actions – Plaintiffs

Miami

  • Bet-the-Company Litigation
  • Commercial Litigation
  • Criminal Defense: White-Collar
  • Insurance Law
  • Mass Tort Litigation/Class Actions – Plaintiffs
  • Medical Malpractice Law – Plaintiffs
  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs
  • Professional Malpractice Law – Defendants

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of nearly 60 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

We are pleased to announce that the Miami-Dade Bar has named partners Stephanie A. Casey and Thomas A. Kroeger 2026 Circle of Excellence Award honorees. Stephanie was recognized in the Civil Litigation category and Tom in the Appellate category.

Both were selected for exemplifying skill, integrity, and professionalism in their respective practice areas, with honorees chosen by a committee of past recipients following input from the local legal community.

Stephanie has more than 15 years of experience handling complex civil litigation and class actions in state and federal courts, on both the plaintiff and defense sides. She represents businesses, injured consumers, whistleblowers, and individuals improperly denied health benefits.

Tom’s practice focuses on complex civil litigation and appellate matters, including personal injury, wrongful death, medical negligence, product liability, and other complex disputes. He has argued appeals before state and federal appellate courts, including the Eleventh and Eighth Circuit Courts of Appeals.

They will be honored at the Miami-Dade Bar’s Annual Awards Ceremony on November 18 at the Biltmore Hotel in Coral Gables. Register here. 

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of nearly 60 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

We are pleased to announce that all of our partners have been named to the 2027 Lawdragon 500 Leading Litigators in America guide. Congratulations to Susan Carlson, Stephanie A. Casey, Dean C. Colson, Lewis S. “Mike” Eidson, Joseph J. Kalbac Jr., Julie Braman Kane, Thomas A. Kroeger, Zachary A. Lipshultz, Roberto Martínez, and Curtis Miner.

We are proud to celebrate their work and the exceptional litigation talent across our firm. This recognition reflects their dedication to excellence in advocacy, meaningful contributions to complex litigation matters, and continued leadership within the legal profession.

This guide is based on a record number of submissions, combined with journalistic research and independent vetting through clients and peers.

Click here to read the full guide.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of nearly 60 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Colson Hicks Eidson has secured key rulings on behalf of the family of Cristian Fernandez in a wrongful death lawsuit arising from a 2023 collision between a Fisher Island ferry and a recreational vessel in Miami’s Government Cut.

During a September 1 hearing, Eleventh Judicial Circuit Judge Abby Cynamon granted the estate’s motion for partial summary judgment, finding that the defendant was operating and in control of the recreational vessel when it collided with a Fisher Island ferry. Cristian, a 27-year-old passenger aboard the recreational vessel, tragically lost his life in the collision.

The court also denied the defendants’ motion for partial summary judgment regarding the ferry, finding that the evidence concerning any alleged navigational rule violations was disputed.

Colson Hicks Eidson partner Thomas A. Kroeger argued the motions on behalf of Cristian Fernandez’s estate. Tom and partner Julie Braman Kane represent the Fernandez family in the litigation.

Colson Hicks Eidson is proud to continue representing the Fernandez family in seeking justice for Cristian.

Media coverage includes:

Law360 – Boater Was In Control In Fatal Ferry Crash, Fla. Judge Rules

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of nearly 60 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Congratulations to Colson Hicks Eidson attorneys, Susan Carlson, Stephanie A. Casey, Dean C. Colson, Lewis S. “Mike” Eidson, Joseph J. Kalbac, Jr., Julie Braman Kane, Thomas Kroeger, Roberto Martinez, and Curtis Miner, who have been recognized in the 2027 edition of The Best Lawyers in America®.

And congratulations to Eleni I. Constant, Zachary A. Lipshultz, and Sabrina S. Saieh, who are each recognized in Best Lawyers: Ones to Watch.

Best Lawyers’ lists of outstanding lawyers are developed through peer review surveys where tens of thousands of lawyers evaluate their professional peers. Best Lawyers recognized attorneys in all of the firm’s core practice areas. 

Susan Carlson

  • Personal Injury Litigation – Plaintiffs

Stephanie A. Casey

  • Commercial Litigation
  • Mass Tort Litigation / Class Actions – Plaintiffs

Dean C. Colson

  • Bet-the-Company Litigation
  • Commercial Litigation
  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs
  • Professional Malpractice Law – Defendants
  • Professional Malpractice Law – Plaintiffs

Lewis S. “Mike” Eidson

  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Product Liability Litigation – Plaintiffs

Joseph J. Kalbac Jr. – “Lawyer of the Year”

  • Commercial Litigation
  • Insurance Law
  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs

Julie Braman Kane

  • Commercial Litigation
  • Medical Malpractice Law – Plaintiffs
  • Personal Injury Litigation – Plaintiffs

Thomas Kroeger

  • Personal Injury Litigation – Plaintiffs

Roberto Martínez

  • Bet-the-Company Litigation
  • Commercial Litigation
  • Criminal Defense: White-Collar

Curtis Miner 

  • Commercial Litigation
  • Criminal Defense: White-Collar
  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Personal Injury Litigation –  Plaintiffs

Eleni I. Constant

  • Personal Injury Litigation – Plaintiffs

Zachary A. Lipshultz

  • Commercial Litigation
  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Personal Injury Litigation – Plaintiffs

Sabrina S. Saieh

  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of nearly 60 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

We are pleased to announce that nine of our partners have been named to the 2026 Lawdragon 500 Leading Global Litigators guide. Congratulations to Stephanie A. Casey, Dean C. Colson, Lewis S. “Mike” Eidson, Joseph J. Kalbac Jr., Julie Braman Kane, Thomas Kroeger, Zachary A. Lipshultz, Roberto Martínez, and Curtis Miner.

We are proud to celebrate the outstanding work of our partners and the exceptional litigation talent across our firm. This recognition reflects their unwavering dedication to achieving outstanding results for clients and their continued leadership within the legal profession.

This guide is based on a record number of submissions, combined with journalistic research and independent vetting through clients and peers.

Click here to read the full guide.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of nearly 60 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.