Regulation 1 46 violates article i section 23 of the

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Unformatted text preview: t found that the regulation did not violate any provision of either the Florida or the United States constitution. The City argues it has a compelling interest in saving money for taxpayers by employing only healthy applicants. - - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - - n3 However, if the City has a compelling interest in [*901] saving money for taxpayers by employing only healthy applicants, the City could conceivably seek to regulate other lawful private activities [**4] that affect a person's physical health such as drinking, eating, exercising, and engaging in certain sexual practices. n4 We find that Kurtz' privacy rights are involved when the City requires her to refrain from smoking for a year prior to being considered for employment. Although the City has an interest in saving taxpayers money by decreasing insurance costs and increasing productivity, such interest is not sufficient to outweigh the intrusion into Kurtz' right of privacy. Regulation 1-46 violates article I, section 23, of the Florida Constitution as the regulation constitutes an 59 impermissible intrusion into Kurtz' private conduct and has no relevance to the performance of the duties involved with a clerk-typist. n3 All current employees are grandfathered in under the clause. Further, once an applicant has been hired, he or she is free to start or resume smoking at any time. The one year smoke-free period applies only to the one year period prior to applying for work. n4 See Elizabeth B. Thompson, Note, The Constitutionality of an Off-Duty Smoking Ban for Public Employees: Should the State Butt Out?, 43 Vand. L. Rev. 491, 520-21 (1990). - - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - - - - [**5] Because Florida has its own express constitutional provision guaranteeing the right of privacy, article I, section 23, n5 we first examine the regulation under the Florida Constitution. If the regulation fails to withstand constitutional muster under Florida law, no furthe...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.

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