Markham v. Evangelical Covenant Church of America

ADKINS, Justice (Ret.).

We have for review Evangelical Covenant Church of America v. Bauer, 482 So.2d 551 (Fla 4th DCA 1986), in which the Fourth District found the “income test” set forth in section 196.1975(4), Florida Statutes (1985), unconstitutional and certified the following question to this Court as one of great public importance:

Does the Court’s ruling in Presbyterian Homes v. Wood, 297 So.2d 556 (Fla.1974), continue to have vitality and, if so, does the “income test” in section 196.1975(4), Florida Statutes (1985), pass constitutional muster?

482 So.2d at 552. We have jurisdiction,…