919 So.2d 392 (Fla. 2006).
Individuals, including the NAACP, filed separate complaints for declaratory judgment with respect to constitutionality of statute establishing opportunity scholarship program (OSP). The Circuit Court, Leon County, L. Ralph Smith, J., granted motion to consolidate and entered judgment holding challenged statute unconstitutional on its face under provision of state constitution obligating state to provide public education. State defendants and parents of students receiving opportunity scholarships appealed. The First District Court of Appeal, 767 So.2d 668, reversed and remanded. On remand, the trial court entered final summary judgment for plaintiffs under "no aid" provision of state constitution. The District Court of Appeal, 886 So.2d 340, affirmed and certified question.
The Florida Supreme Court held that: (1) Opportunity Scholarship Program (OSP) statute violated requirement of state constitution's education clause that free education be provided through system of free public schools; (2) OSP statute violated requirement of state constitution's education clause that education be provided through "uniform" system of public schools; and (3) OSP did not fall within exception to constitutional mandates for "other public education programs." Michael Sussman of Goshen, N.Y. represented the NAACP.
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