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FLORIDA DEPT. OF REVENUE v. HOWARD

No. 1D02-3762.

859 So.2d 619 (2003)

FLORIDA DEPARTMENT OF REVENUE, Appellant/Cross-Appellee, v. Joseph C. HOWARD and Joyce Forman; Joel W. Robbins, in his official capacity as the Property Appraiser of Miami-Dade County, Florida, and William Markham, in his official capacity as the Property Appraiser of Broward County, Appellees/Cross-Appellants.

District Court of Appeal of Florida, First District.

November 26, 2003.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, and Nicholas Bykowsky, Assistant Attorney General, Tallahassee, for Appellant/Cross-Appellee.

Evan J. Langbein of Langbein & Langbein, P.A. Aventura, for Appellees/Cross-Appellants Joseph C. Howard and Joyce Foreman.

Robert A. Ginsburg, Miami-Dade County Attorney, and Thomas W. Logue, Assistant County Attorney, Miami, for Appellee/Cross-Appellant Joel W. Robbins.

Gaylord A. Wood, Jr., of Law Office of Wood & Stuart, P.A., Ft. Lauderdale, for Appellee/Cross-Appellant William Markham.

ALLEN, J.

This case requires us to decide whether section 193.016, Florida Statutes, violates the uniform valuation requirement of article VII, section 4 of the Florida Constitution.1 Although the trial court found only a portion of the statute unconstitutional, we conclude that the entire statute is facially unconstitutional.2

Subject to exceptions not relevant in this case, article VII, section 4...

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