Kluger v. White

In Kluger v. White, 281 So. 2d 1 (Fla. 1973), the Court set forth a test for determining compliance with the access to courts clause when the Legislature enacts provisions which appear to restrict the right. In that case, the Legislature purported to do away with a person's ability to sue for an automobile accident unless the property damages exceeded a certain amount. The Court found the statute unconstitutional and established the following test: "Where a right of access to the courts for redress for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the common law of the State pursuant to Fla. Stat. 2.01, F. S. A., the Legislature is without power to abolish such a right without providing a reasonable alternative to protect the rights of the people of the State to redress for injuries, unless the Legislature can show an overpowering public necessity for the abolishment of such right, and no alternative method of meeting such public necessity can be shown." (Id. at 4.) In Kluger, the Court found that the test was not met and declared the statute unconstitutional. In sum, the Court held that to survive an access to courts challenge, a statute eliminating redress for an injury must satisfy at least one of two possible prongs: (1) either the statute must provide a reasonable alternative to redress the injury involved, or (2) the Legislature must show that there was "an overpowering public necessity for the abolishment" and that there was "no alternative method of meeting such public necessity." Id.