STATE OF FLORIDA; BOB MARTINEZ, GOVERNOR OF THE STATE OF FLORIDA; AND FLORIDA DEPARTMENT OF ADMINISTRATION, APPELLANTS,
v.
FLORIDA POLICE BENEVOLENT ASSOCIATION, INC.; FLORIDA NURSES ASSOCIATION; AND FLORIDA PUBLIC EMPLOYEES COUNCIL 79, AFSCME, APPELLEES
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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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State v. Fla. Police Benevolent Ass'n, Inc., 613 So. 2d 415 (Fla. 1992)…GRIMES, Justice. We have for review State v. Florida Police Benevolent Association, 580 So. 2d 619 (Fla. 1st DCA 1991), which declared a proviso in a state appropriations bill unconstitutional. We have jurisdiction under article V, section 3(b)(1) of the Florida Constitution. Pursuant to chapter 447 of the Florida Statutes (1987), the governor e…
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State v. Fla. Police Benevolent Ass'n, Inc., 653 So. 2d 1124 (Fla. 1st DCA 1995)…BENTON, Judge. Since this case’s original appearance here, State v. Florida Police Benevolent Association, 580 So. 2d 619 (Fla. 1st DCA 1991), it has been to our supreme court, which “remanded to the trial court for further proceedings.” State v. Florida Police Benevolent Association Inc., 613 So. 2d 415, 421 (Fla.1992). The State of Florida now appeals the trial court…
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State v. Fla. Police Benevolent Ass'n, 688 So. 2d 326 (Fla. 1997)…lorida Constitution and directed the State to return the annual and sick leave benefits to levels called for by the bargaining agreements. The First District Court of Appeal affirmed the trial court’s order. State v. Florida Police Benevolent Ass’n, 580 So. 2d 619 (Fla. 1st DCA 1991). Because a portion of a state statute had been held unconstitutional, we reviewed that decision in State v. Florida Police Benevolent Ass’n, 613 So. 2d 415 (Fla.1992). We held that collective bargaining agreements entered on beh…
Authorities Cited
- Holley v. Adams, 238 So. 2d 401 (Fla. 1970)
- Dep't OF Educ. v. Lewis, 416 So. 2d 455 (Fla. 1982)
- Murray v. Lewis, 576 So. 2d 264 (Fla. 1990)