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S.E. VOLUSIA HOSP. DIST. v. STATE, DEPT. OF INS.

Nos. AN-412, AN-367.

432 So.2d 592 (1983)

SOUTHEAST VOLUSIA HOSPITAL DISTRICT, et al., Appellants, v. STATE of Florida, DEPARTMENT OF INSURANCE, and Florida Patient's Compensation Fund, Appellees. HIGHLANDS COUNTY HOSPITAL DISTRICT, et al., Appellants, v. STATE of Florida, DEPARTMENT OF INSURANCE, and Florida Patient's Compensation Fund, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied May 27, 1983.

Attorney(s) appearing for the Case

Ben H. Wilkinson, Neil H. Butler, and Cathi C. O'Halloran of Pennington, Wilkinson, Gary & Dunlap, Tallahassee, and Adams, Hill & Fulford, Orlando, for appellants Southeast Volusia Hosp. Dist., et al.

Peter J. Winders and Jacob D. Varn of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., and John D. Buchanan, Jr., of Henry, Buchanan, Mick & English, Tallahassee, and Adams, Ward, Hunter, Angones & Adams, Miami, for appellants Highlands County Hosp. Dist., et al.

Richard B. Collins and Sam R. Neel, III, of Perkins & Collins, Tallahassee, and Talbot D'Alemberte and Jeffrey B. Crockett of Steel, Hector & Davis, Miami, for appellee Florida Patient's Compensation Fund.

David A. Yon, Tallahassee, for appellee Dept. of Ins.

ERVIN, Judge.

In these consolidated appeals from a final order of the Department of Insurance (Department) levying $17,046,190.00 in assessments against participants in the Florida Patient's Compensation Fund (Fund), appellants contend, inter alia, that Section 768.54(3)(c), Florida Statutes (1981),1 is unconstitutional in that it amounts to an unlawful delegation of legislative power. We agree...

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