CITY OF KISSIMMEE v. FLORIDA RETAIL FEDN.

No. 5D04-4065.

915 So.2d 205 (2005)

The CITY OF KISSIMMEE, Appellant, v. FLORIDA RETAIL FEDERATION, INC. et al., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied December 1, 2005.


Attorney(s) appearing for the Case

Michael S. Davis, of Bryant Miller & Olive, P.A., Tampa, and Donald T. Small-wood, Kissimmee, for Appellant.

Lorence Jon Bielby, and John K. Londot, of Greenberg, Traurig, P.A., Tallahassee, for Appellee.


GRIFFIN, J.

The City of Kissimmee ["City"], appeals a final judgment declaring a local "shopping cart retention" ordinance unconstitutional because it purportedly conflicts with section 506.5131(2), Florida Statutes (2000). We find that the ordinance is not unconstitutional and reverse the judgment of the circuit court.

In 1998, the Florida Legislature enacted section 506.5131,1 which...

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