Florida House of Representatives v. Expedia, Inc

In Florida House of Representatives v. Expedia, Inc., 85 So. 3d 517 (Fla. 1st DCA 2012), which was the first published case to analyze and recognize the existence of a legislative privilege in Florida, the First District concluded that the state constitutional separation of powers provision provides an independent basis to recognize a legislative privilege under Florida law. 85 So. 3d at 524. The issue in Expedia was whether a legislator and a member of the legislator's staff could be deposed in tax-related litigation so that a party in the lawsuit could "refute a claim that it had waived the attorney-client privilege" as to several documents the legislator had obtained. Id. at 525. The First District held that the legislator and his aide were entitled to assert a legislative privilege against the compelled testimony and that there was no compelling interest in seeking the depositions because the party seeking them was "attempting to refute a fact that has not yet been proven, and, as it appears from this record, may never be proven." Id.