Albertson's, Inc. v. Florida Department of Professional Regulation

WOLF, Judge.

This appeal arises from an action challenging the constitutionality of a single provision of the Florida Health Care and Insurance Reform Act of 1993 (the Act). Appellants argue that section 408.706(10), Florida Statutes, violates the Commerce Clause and Equal Protection Clause of the United States Constitution.1 The trial court found a portion of the statute to be unconstitutional as violative of the Commerce Clause, but upheld the remainder of the statute. We find no error in the trial court’s determination, and affirm.

The provision at issue is contained in section 408.706,…