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STATE EX REL. PITTMAN v. STANJESKI

Nos. 73666, 74150.

562 So.2d 673 (1990)

STATE of Florida ex rel. Jed PITTMAN, etc., Appellant, v. John W. STANJESKI, Appellee. ATTORNEY GENERAL OF FLORIDA, Robert A. Butterworth, etc., Appellant, v. John D'Agosto, Appellee.

Supreme Court of Florida.

May 17, 1990.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Eric J. Taylor, Asst. Atty. Gen., Tallahassee, for appellant.

H. James Parker, New Port Richey, for appellee John W. Stanjeski.

Wayen R. McDonough of Saliba & McDonough, P.A., Vero Beach, for appellee John D'Agosto.

Joseph R. Boyd and William H. Branch of Boyd & Branch, P.A., and Chriss Walker, Tallahassee, amicus curiae for State of Fla., Dept. of Health and Rehabilitative Services.

OVERTON, Justice.

We have for review two cases, State ex rel. Pittman v. Stanjeski, 541 So.2d 1214 (Fla. 2d DCA 1989), and Attorney General v. D'Agosto, 541 So.2d 167 (Fla. 4th DCA 1989), in which the district courts declared unconstitutional section 61.14(5), Florida Statutes (1987). The statute, as interpreted by the district courts, mandates that the circuit court clerk automatically...

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