Fla. State Bd. of Health v. Lewis - 149 So. 2d 41 (Fla. 1963)

Rule:

The word "class," as employed in Fla. Const. art. V, § 4, means two or more constitutional or state officers who separately and independently exercise identical powers of government. A group of officers composing a single governmental entity such as a board or commission would not, as such board or commission, constitute a class.

Facts:

The State Board of Health promulgated certain regulations governing the commercial spraying of lawns and shrubbery with highly toxic pesticides. Respondent Richard L. Lewis, alleging the invalidity of the regulations, sought an injunction in the circuit court. The chancellor denied the injunction, holding the regulations valid. The District Court of Appeal reversed the decree, holding the regulations invalid.  The State Board of Health has petitioned the Court for a writ of certiorari on the jurisdictional ground that the decision of the District Court affected a class of constitutional or state officers, pursuant to Fla. Const. art. V, § 4(2).

Issue:

Did the decision of the District Court affect a class of constitutional or state officers, pursuant to Fla. Const. art. V, § 4(2)? 

Answer:

No.

Conclusion:

The court denied the writ, holding that a state board, consisting of two or more members comprising a single state entity, was not a "class" within the contemplation of the constitutional provision. The word "class," as employed in the state constitution, meant two or more constitutional or state officers who separately and independently exercised identical powers of government. Therefore, a group of officers composing a single governmental entity such as a board or commission would not, as such board or commission, constitute a class.