When the ContractPoint Florida Parks, LLC, members entered a contract with the Florida Department of Environmental Protection in 2001, they simply wanted to build and operate cabins in Florida state parks — something the legislature specifically encouraged. Instead, they became enmeshed in protracted litigation that came one Florida Supreme Court vote short of nullifying Florida’s ability to contract. This article examines how an obscure statute was wielded by a state agency, nearly erasing more than 20 years of law barring application of sovereign immunity to breach of contract claims.

Click here to view the article in the Florida Bar Journal.