Scott Makar
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Scott Douglas Makar (born October 15, 1959) is an American lawyer, college professor and Judge on the Florida First District Court of Appeal. Previously he was the
Florida Solicitor General The solicitor general of Florida or Florida solicitor general is the top appellate (appeals) solicitor (lawyer) for the U.S. State of Florida. It is an appointed position in the Office of the Florida Attorney General and the individual serves at t ...
serving from 2007 until 2012 and in that position, argued five cases before the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
.Mauro, Tony
"Appellate Lawyer of the Week: Florida SG Scott Makar"
National Law Journal, June 23, 2010


Early years

Scott Makar was born on October 15, 1959, and his family moved to
Holmes Beach, Florida Holmes Beach is a city on Anna Maria Island in Manatee County, Florida, United States. As of the 2020 census, it had a population of 3,010, down from 3,836 at the 2010 census. It is part of the Bradenton-Sarasota-Venice, Florida Metropolitan S ...
in 1969. He graduated from
Manatee High School Manatee High School is the oldest public high school in Bradenton, Florida, operated by the Manatee County School District. History Bradentown High School would open in 1897 located on what is now 15th Street West and Ballard Park Drive operating ...
in 1977.


Education

Mr. Makar graduated from
Mercer University Mercer University is a private research university with its main campus in Macon, Georgia. Founded in 1833 as Mercer Institute and gaining university status in 1837, it is the oldest private university in the state and enrolls more than 9,000 ...
in 1980 with a
Bachelor of Science A Bachelor of Science (BS, BSc, SB, or ScB; from the Latin ') is a bachelor's degree awarded for programs that generally last three to five years. The first university to admit a student to the degree of Bachelor of Science was the University of ...
double majoring in mathematics & economics,
magna cum laude
At the
University of Florida The University of Florida (Florida or UF) is a public land-grant research university in Gainesville, Florida. It is a senior member of the State University System of Florida, traces its origins to 1853, and has operated continuously on its ...
, he received a
Master of Business Administration A Master of Business Administration (MBA; also Master's in Business Administration) is a postgraduate degree focused on business administration. The core courses in an MBA program cover various areas of business administration such as accounti ...
in finance and
Master of Arts A Master of Arts ( la, Magister Artium or ''Artium Magister''; abbreviated MA, M.A., AM, or A.M.) is the holder of a master's degree awarded by universities in many countries. The degree is usually contrasted with that of Master of Science. Tho ...
in economics during 1982, then a
Juris Doctor The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice law ...
with honors in 1987 and finally, a
Doctor of Philosophy A Doctor of Philosophy (PhD, Ph.D., or DPhil; Latin: or ') is the most common Academic degree, degree at the highest academic level awarded following a course of study. PhDs are awarded for programs across the whole breadth of academic fields ...
in economics during 1993. Mr. Makar was founder and Editor-in-Chief of the University of Florida Journal of Law and Public Policy. He was also a member of the university of
Florida Law Review The ''Florida Law Review'' is a bimonthly law review published by the University of Florida's Fredric G. Levin College of Law. The review was established in 1948 as the ''University of Florida Law Review'' and it assumed its current name in 1989. ...
and received the ''Gertrude Brick Award''. Makar clerked for Judge Thomas Alonzo Clark on the
Eleventh Circuit The United States Court of Appeals for the Eleventh Circuit (in case citations, 11th Cir.) is a federal court with appellate jurisdiction over the following U.S. district courts: * Middle District of Alabama * Northern District of Alabama * ...
of the
United States courts of appeals The United States courts of appeals are the intermediate appellate courts of the United States federal judiciary. The courts of appeals are divided into 11 numbered circuits that cover geographic areas of the United States and hear appeals fr ...
, and at the Antitrust Division for the
United States Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United State ...
, among others.
Florida Attorney General, Solicitor General profile


Teaching

His love for academics prompted Makar to begin teaching undergraduate courses when he was in law school. He has taught law courses at the University of Florida,
Florida Coastal School of Law Florida Coastal School of Law was a private for-profit law school in Jacksonville, Florida. It was established in 1996 and was the last operating of three for-profit law schools of the InfiLaw System owned by Sterling Partners. Because of fu ...
,
University of North Florida The University of North Florida (UNF) is a public research university in Jacksonville, Florida. It is part of the State University System of Florida and is accredited by the Commission on Colleges of the Southern Association of Colleges and Sch ...
and
Jacksonville University Jacksonville University (JU) is a private university in Jacksonville, Florida. Located in the city's Arlington (Jacksonville), Arlington district, the school was founded in 1934 as a two-year college and was known as Jacksonville Junior College u ...
. Part of his position as Florida Solicitor General includes teaching at
Florida State University Florida State University (FSU) is a public research university in Tallahassee, Florida. It is a senior member of the State University System of Florida. Founded in 1851, it is located on the oldest continuous site of higher education in the st ...
.


Lawyer

Makar was admitted to
the Florida Bar The Florida Bar is the integrated bar association for the state of Florida. It is the third largest such bar in the United States. Its duties include the regulation and discipline of attorneys. The Florida Bar is also responsible for the governi ...
on October 9, 1987. He joined Holland & Knight, LLP in 1989 and became a ''Capital Partner'' prior to his departure in 2001. He was hired as chief of the appellate division in the Office of General Counsel for the
City of Jacksonville Jacksonville is a city located on the Atlantic coast of northeast Florida, the most populous city proper in the state and is the List of United States cities by area, largest city by area in the contiguous United States as of 2020. It is the co ...
. He remained with the city for seven years. Makar has written law review and law journal articles on a broad range of topics, many of which have been cited by commentators and courts, with several garnering legal writing awards. He was appointed to the Florida Supreme Court's ''Standard Jury Instructions Committee (Civil)'' and currently serves as its chair emeritus. He served on the first Executive Council of the Florida Bar's ''Appellate Practice and Advocacy Section'' as a founding member. He also chaired the Appellate Practice Section of the Jacksonville Bar Association from 2001 to 2002.


Solicitor

Makar was appointed as Florida Solicitor General by Florida Attorney General
Bill McCollum Ira William McCollum Jr. (born July 12, 1944) is an American lawyer and Republican Party politician. He was a member of the United States House of Representatives from 1981 to 2001, representing Florida's 5th congressional district, which was la ...
on February 13, 2007. McCollum did not seek re-election in 2010, and
Pam Bondi Pamela Jo Bondi (born November 17, 1965) is an American attorney, lobbyist, and politician. A Republican, she served as the 37th Florida attorney general from 2011 to 2019, the first woman elected to the office. In 2020, Bondi was one of Presid ...
was elected Florida Attorney General. She retained Makar in the position, and he served as one of her senior advisers. As Florida Solicitor General, Makar oversaw civil appeals involving the state's interests in all state and federal appellate courts. He also held the ''Richard W. Ervin Eminent Scholar Chair'' in the
Florida State University College of Law Florida State University College of Law is the law school of Florida State University located in Tallahassee, Florida. The law school borders the southeast quadrant of the University's campus, near the Donald L. Tucker Center, an arena and part of ...
where he taught. His $165,000 salary was split between the state and FSU. While Solicitor General, Makar argued cases before the Eleventh Circuit Court of Appeal, the
Florida Supreme Court The Supreme Court of Florida is the highest court in the U.S. state of Florida. It consists of seven members: the chief justice and six justices. Six members are chosen from six districts around the state to foster geographic diversity, and one ...
, the First District Court of Appeal, several Judicial Circuits, and
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
.


US Supreme Court

Typically, a state's Solicitor General will only have a case before the US Supreme Court every other year; Makar argued ''Florida Department of Revenue v. Piccadilly Cafeteria'' in 2007–2008, and nothing occurred in the 2008–2009 term. Florida was party to five cases in 2009–2010, and Makar personally argued four of them. In an interview, Makar claimed that the cashier of the cafeteria in the U.S. Supreme Court building saw him so often that she assumed he must work there, and offered him the employee discount. The cases were: *''Graham v. Florida'' and ''Sullivan v. Florida'', (Juveniles sentenced to life without parole for non-homicide crimes) Graham won, Sullivan lost. *''Stop the Beach Renourishment Inc. v. Florida Department of Environmental Protection'', (homeowners opposed beach renourishment which would establish their property boundary at the water line before renourishment, instead of the subsequent water's edge after renourishment) Stop the Beach lost. *''Holland v. Florida'', (challenged the one-year statute of limitations under the AEDPA) Holland won. Over 100 of his cases have been reported, covering diverse topics.


Judge

On February 6, 2012, Florida Governor
Rick Scott Richard Lynn Scott ( Myers, born December 1, 1952) is an American politician serving as the junior United States senator from Florida since 2019. A member of the Republican Party, he was the 45th governor of Florida from 2011 to 2019. Scott ...
announced that he appointed Scott Makar to replace Paul Hawkes, who resigned over funding questions in the new First DCA "Taj Mahal" Courthouse. On February 23, 2012, Makar revealed that he would leave the Attorney General's office on March 23, 2012, to occupy the bench as a judge in the
Florida First District Court of Appeal The Florida First District Court of Appeal, also known as the First DCA, is headquartered in Tallahassee, Florida, the state capital. It is unique among the five Florida District Courts of Appeal in that, much like the U.S. Court of Appeals for th ...
in Tallahassee. Other First DCA judges teach at various law schools, so Makar confirmed that he will probably do so, too. Makar's official investiture as a member of the First District Court of Appeal was held on April 23, 2012."Capitol preview: What to expect this week in Florida politics"
Saint Peters Blog, April 23, 2012


Personal

He is married to the former Nancy Hogshead, who was a co-worker at Holland & Knight. His wife is a professor at
Florida Coastal School of Law Florida Coastal School of Law was a private for-profit law school in Jacksonville, Florida. It was established in 1996 and was the last operating of three for-profit law schools of the InfiLaw System owned by Sterling Partners. Because of fu ...
and 1984 Olympic Gold medalist in swimming. Their home is in
Jacksonville, Florida Jacksonville is a city located on the Atlantic coast of northeast Florida, the most populous city proper in the state and is the largest city by area in the contiguous United States as of 2020. It is the seat of Duval County, with which the ...
, and they have a son, Aaron (2000), and twin daughters, Helen Clare & Millicent (2005).Palka, Mary Kell
"Attorney's new post combines 2 passions: Teaching and state law"
Florida Times-Union, February 23, 2007
His wife and son were able to attend several of his oral arguments at the US Supreme Court.


References


External links


Florida Attorney General, Solicitor General profile
{{DEFAULTSORT:Makar, Scott D. Florida State University faculty 1960 births Living people Mercer University alumni People from Jacksonville, Florida Warrington College of Business alumni Florida Republicans Jacksonville University faculty People from Holmes Beach, Florida Holland & Knight partners Solicitors General of Florida Judges of the Florida District Courts of Appeal