270
STEPHANIE A. VAUGHAN
sion
,
46
has refused to try cases “in which the conduct and function at issue
clearly do not fall within the tort liability waiver.
47
However, the
Miami-Dade
court stated it will grant certiorari in “cases where immunity from suit rather
than solely immunity from liability is at issue.
48
The court did not expound
upon the degree of clarity required for it to grant certiorari, so the decision
will have to be explained by the Florida Supreme Court — eventually.
V. Conclusion
Meanwhile, the state of sovereign immunity in Florida is still in flux. The
questions left unanswered are numerous. What is proprietary and what is
governmental? Should the courts try to apply a categorical analysis? How
does duty factor in to the analysis? What about separation of powers? What
activities fall within the waiver of sovereign immunity? And so on . . . Ob-
viously, the sovereign immunity law in Florida remains tangled, confusing,
and circuitous. The Florida Supreme Court must, once and for all, clarify
the law and hold that duty and sovereign immunity are two completely sep-
arate issues so that lower courts have a consistent standard to apply in
the future. It is times like these, with legal principles that may seem archaic
and are most certainly confusing, that the world could use an impassioned,
intelligent, and caring professor such as Bob Bickel, to clear things up and
make sense out of it. He did it for me.
46
.
47
.
48
Id
.
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