State v. Florida Police Benevolent Ass'n

District Court of Appeal of Florida

State v. Florida Police Benevolent Ass'n

580 So. 2d 619, 1991 Fla. App. LEXIS 491

CourtDistrict Court of Appeal of Florida

DecidedJanuary 25, 1991

DocketNo. 90-1236

StatusPublished

Cited by3 cases

This text of 580 So. 2d 619 (State v. Florida Police Benevolent Ass'n) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State v. Florida Police Benevolent Ass'n, 580 So. 2d 619, 1991 Fla. App. LEXIS 491 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

This appeal challenges the lower court’s summary judgment finding that Section 9.3.A(5) of the 1988 General Appropriations Act for the State of Florida is unconstitutional as a violation of the right to collectively bargain afforded by Article I, Section 6 of the Florida Constitution. We affirm.

The provisions of section 9.3.A(5) uncontrovertedly undertake to alter or modify the annual and sick leave benefits to which career service employees are entitled. It is also uncontroverted that these benefits are conditions of employment subject to collective bargaining by the public employer and the certified bargaining agents for the represented public employee. No separation of powers concern precludes the judicial branch from addressing the constitutionality of the acts of the other branches. Holley v. Adams, 238 So.2d 401 (Fla.1970). The constitutionality of the legislature’s acts via its appropriations power are subject to review by the courts as is any other legislative act. See: Murray v. Lewis, 576 So.2d 264 (Fla.1990); Department of Education v. Lewis, 416 So.2d 455 (Fla.1982). The other arguments raised by appellants are without merit.

AFFIRMED.

SMITH, BARFIELD and WOLF, JJ., concur.

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PER CURIAM.

This appeal challenges the lower court’s summary judgment finding that Section 9.3.A(5) of the 1988 General Appropriations Act for the State of Florida is unconstitutional as a violation of the right to collectively bargain afforded by Article I, Section 6 of the Florida Constitution. We affirm.

The provisions of section 9.3.A(5) uncontrovertedly undertake to alter or modify the annual and sick leave benefits to which career service employees are entitled. It is also uncontroverted that these benefits are conditions of employment subject to collective bargaining by the public employer and the certified bargaining agents for the represented public employee. No separation of powers concern precludes the judicial branch from addressing the constitutionality of the acts of the other branches. Holley v. Adams, 238 So.2d 401 (Fla.1970). The constitutionality of the legislature’s acts via its appropriations power are subject to review by the courts as is any other legislative act. See: Murray v. Lewis, 576 So.2d 264 (Fla.1990); Department of Education v. Lewis, 416 So.2d 455 (Fla.1982). The other arguments raised by appellants are without merit.

AFFIRMED.

SMITH, BARFIELD and WOLF, JJ., concur.

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580 So. 2d 619, 1991 Fla. App. LEXIS 491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-florida-police-benevolent-assn-fladistctapp-1991.

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