Opinion
No. SC93804
Opinion filed May 4, 2000
Application for Review of the Decision of the District Court of Appeal — Statutory Validity — First District — No. 1D95-996 (Gadsden County).
Tari Rossitto-Van Winkle, Tallahassee, Florida, for Petitioners.
Esther E. Galicia of George, Hartz, Lundeen, Flagg Fulmer, Fort Lauderdale, Florida, for Respondent.
Harriet Rae Freeman, West Palm Beach, Florida, and Barbara Scheffer, Palm Beach Gardens, Florida, for the Association for Responsible Medicine, the Florida Women's Consortium, Inc., and the Florida Silver Haired Legislature, Amici Curiae.
Andrew H. Kayton, Miami, Florida, for the American Civil Liberties Union Foundation of Florida, Inc., Amicus Curiae.
Douglas M. McIntosh and Jack Heda of McIntosh, Sawran, Peltz Cartaya, P.A., Fort Lauderdale, Florida, for the Florida League of Health Systems, Florida Hospital Association, Florida Medical Association, and the Association of Community Hospitals and Health Systems of Florida, Amici Curiae.
We have for review Stewart v. Price, 718 So.2d 205 (Fla. 1st DCA 1998), which expressly declares a state statute valid. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. We recently held that the statute in question, section 768.21(8), Florida Statutes (1991), is constitutional. See Mizrahi v. North Miami Med. Ctr., Nos. SC93649 SC93650 (Fla. Apr. 20, 2000). Accordingly, we approve Stewart.
We decline to consider additional issues raised by petitioner that exceed the basis upon which we exercised the Court's jurisdiction.
It is so ordered.
HARDING, C.J., and SHAW, WELLS, ANSTEAD and LEWIS, JJ., concur.
PARIENTE, J., dissents with an opinion, in which QUINCE, J., concurs.
I dissent for the same reasons I expressed in my dissenting opinion in Mizrahi v. North Miami Med. Ctr., Ltd., Nos. SC93649, SC93650 (Fla. Apr. 20, 2000).
QUINCE, J., concurs.