THE EVANGELICAL COVENANT CHURCH OF AMERICA AND COVENANT VILLAGE OF FLORIDA, INC., APPELLANTS/CROSS APPELLEES,
v.
LESTER L. BAUER, AS REVENUE COLLECTOR OF BROWARD COUNTY, FLORIDA, ET AL., APPELLEES/CROSS APPELLANTS
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PER CURIAM.
The trial court found that the “income test” in section 196.1975(4), Florida Statutes (1985), was constitutional. In our view, however, the court erred by failing to apply the Supreme Court’s decision in Presbyterian Homes v. Wood, 297 So. 2d 556 (Fla.1974), which held that an almost identical provision failed to pass constitutional muster. Although the Legislature amend ed the statute subsequent to the decision in Presbyterian Homes, we do not believe that the amendment cured the deficiencies cited by the Supreme Court. Accordingly, we reverse. At the same time, pursuant to Article V, Section 3(b)(4), Florida Constitution, see also Rule 9.030(a)(2)(A)(v), Fla.R. App.P, we certify the following question to be of great public importance:
Does the Court’s ruling in Presbyterian Homes v. Wood, 297 So. 2d 556 (Fla.1974), continue to have vitality and, if so, does the “income test” in section 196.1975(4), Florida Statutes (1985), pass constitutional muster?
GLICKSTEIN and HURLEY, JJ., and GODERICH, MARIO P., Associate Judge, concur.
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Cited By
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Markham v. Evangelical Covenant Church OF Am., 502 So. 2d 1239 (Fla. 1987)…[*1240] ADKINS, Justice (Ret.). We have for review Evangelical Covenant Church of America v. Bauer, 482 So. 2d 551 (Fla 4th DCA 1986), in which the Fourth District found the “income test” set forth in section 196.1975(4), Florida Statutes (1985), unconstitutional and certified the following question to this Court as one of great public importance: Does the Cour…
Authorities Cited
- Presbyterian Homes OF the Synod OF Florida v. Wood, 297 So. 2d 556 (Fla. 1974)