Lewis v. Income Development Corp.

BOYD, Justice.

In a certiorari proceeding before the District Court of Appeal, Second District, the constitutional validity of a statute was directly passed upon for the first time in this cause. We have jurisdiction of this appeal. Article V, Section 3(b)(1), Florida Constitution.

Subsection (3) of Section 494.08, Florida Statutes, was declared unconstitutional by the District Court. We agree and, because the opinion of the District Court1 is so well written and reasoned, we adopt it as our own.

We hereby declare subsection (3) of Section 494.08, Florida Statutes, unconstitutional.2 The cause…