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FLORIDA PHARMACY ASS'N v. LINDNER

No. 93-2350.

645 So.2d 1030 (1994)

FLORIDA PHARMACY ASSOCIATION, INC., a Florida not for profit corporation, and Joe B. Pace, Inc., a Florida corporation, d/b/a Dewberry-Pace Pharmacy, Appellants, v. William LINDNER, in his official capacity as Secretary of the Department of Management Services, and Alecia Runyon, in her Official capacity as Director of the Division of State Employees' Insurance of the Department of Management Services, and General American Consultec, Inc., a Georgia Corporation, and Florida Public Employees Council 79, AFSCME, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied December 19, 1994.

Attorney(s) appearing for the Case

Paul Ezatoff of Katz, Kutter, Haigler, Alderman, Davis, Marks & Bryant, P.A., Tallahassee, for appellants.

Stephen S. Mathues, Office of General Counsel, Dept. of Management Services, Tallahassee, for appellees Lindner and Runyon.

Jerry V. Traynham of Patterson & Traynham, Tallahassee, for appellee Florida Public Employees Council 79, AFSCME.

J. Hardin Peterson, Counsel, Office of the Governor, Tallahassee, amicus curiae.

MICKLE, Judge.

This cause is before us on appeal from a final judgment of the circuit court declaring unconstitutional an appropriations proviso located within chapter 92-293, Laws of Florida. We affirm on the basis that the challenged proviso does not comport with article III, section 12 of the Florida Constitution.

Section 110.123, Florida Statutes (1991), is entitled "State Group Insurance Law." Subsection (5...

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