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FLORIDA PUBLIC EMP. v. DEPT. OF CHILDREN

No. 98-4204.

745 So.2d 487 (1999)

FLORIDA PUBLIC EMPLOYEES COUNCIL 79, AFSCME; Charles Leverson; Gerard Kineard; Bobby Jones; and Raymond Baker, for themselves and all others similarly situated, Appellants, v. DEPARTMENT OF CHILDREN AND FAMILIES and Jeb Bush, Appellees.

District Court of Appeal of Florida, First District.

November 22, 1999.

Attorney(s) appearing for the Case

Ben R. Patterson of Patterson & Traynham, Tallahassee, for Appellants.

Gregory D. Venz, Assistant General Counsel, Department of Children and Families, Tallahassee; Michael Mattimore, Tallahassee; Cindy Home, Assistant General Counsel, Department of Management Services, Tallahassee, for Appellees.

JOANOS, J.

This is an appeal of a final order dismissing with prejudice appellants' amended complaint for declaratory and injunctive relief. Appellants sought a declaration that Chapter 435 of the Florida Statutes is unconstitutional as applied by the Department of Children and Families (Department) to incumbent Career Service employees. Alternatively, appellants sought a declaration that Chapter 435 does not authorize retroactive application of the employment screening...

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