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CITY OF ORLANDO v. STATE, DEPT. OF INS.

No. 87-1409.

528 So.2d 468 (1988)

The CITY OF ORLANDO; the City of Bradenton; the City of Fernandina Beach; the City of Plant City; the City of Panama City Beach; and the City of Daytona Beach, Appellants, v. STATE of Florida DEPARTMENT OF INSURANCE; and Bill Gunter As Insurance Commissioner of the State of Florida, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied August 10, 1988.

Attorney(s) appearing for the Case

James C. Massie, Tallahassee, for appellants.

Gabriel Mazzeo, Tallahassee, Richard A. Sicking of Kaplan, Sicking & Bloom, Miami, Robert D. Klausner of Robert D. Klausner, P.A., Hollywood, for appellees.

James R. Wolf, Tallahassee, James W. Linn and Lucille E. Turner of Carson & Linn, P.A., Tallahassee, for amicus curiae.

BARFIELD, Judge.

Appellants seek review of an order finding Chapters 86-41 and 86-42, Laws of Florida, amending Chapters 175 and 185, Florida Statutes (1985) respectively, to be facially constitutional. We affirm, with one exception, the trial court's determination the Acts do not violate constitutional tenets. Chapters 175 and 185 create a purely voluntary program whereby municipalities may receive state-collected taxes, imposed on property and casualty insurance...

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