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CITY OF NORTH MIAMI v. KURTZ

No. 82836.

653 So.2d 1025 (1995)

The CITY OF NORTH MIAMI, Florida, Petitioner, v. Arlene KURTZ, Respondent.

Supreme Court of Florida.

Rehearing Denied July 5, 1995.

Attorney(s) appearing for the Case

Thomas M. Pflaum, Micanopy, Pedro P. Echarte, Jr., Miami, and David M. Wolpin, North Miami, for petitioner.

Pamela A. Chamberlin of Mitrani, Rynor & Gallegos, P.A., Miami, for respondent.

OVERTON, Justice.

We have for review Kurtz v. City of North Miami, 625 So.2d 899 (Fla. 3d DCA 1993). After the district court issued that decision, it certified, in a separate order, the following question as one of great public importance:

DOES ARTICLE I, SECTION 23 OF THE FLORIDA CONSTITUTION PROHIBIT A MUNICIPALITY FROM REQUIRING JOB APPLICANTS TO REFRAIN FROM USING TOBACCO OR TOBACCO PRODUCTS FOR ONE YEAR BEFORE...

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