CopyCited 2 times | Published | District Court, S.D. Florida | 1980 U.S. Dist. LEXIS 14573
...ORDER GRANTING PERMANENT INJUNCTION AND DECLARATORY JUDGMENT PAINE, District Judge. Plaintiffs JOSE and MERCEDES SANCHEZ brought this class action for declaratory and injunctive relief pursuant to 28 U.S.C. §§ 2201, 2202 and 42 U.S.C. § 1983. Plaintiffs challenge as unconstitutional that portion of Florida Statutes § 410.032(1) which imposes a one year residency requirement for those elderly individuals seeking benefits under Florida's Community Care for the Elderly Act....
...State of Texas,
411 F.Supp. 709, 713 (N.D.Tex.1976). On August 13, 1979, Plaintiffs' motion for preliminary injunction was granted and Defendant PINGREE was enjoined from further applying the one year durational residency requirement set forth in Florida Statutes §
410.032(1) to individuals seeking benefits under the Act pending a final decision on the merits....
...The class represented by Plaintiff JOSE SANCHEZ was certified to consist of all needy elderly persons in the State of Florida who are eligible to receive benefits under the Home Care for the Elderly Program, but for the application of Florida Statutes § 410.032(1) which requires an applicant to have resided in the State of Florida for no less than one year in order to receive benefits....
...The class represented by Plaintiff MERCEDES SANCHEZ was certified to consist of all persons in the State of Florida who provide home care to needy elderly persons who are eligible to receive benefits under the Home Care for the Elderly Program, but for the application of Florida Statutes § 410.032(1) which requires an applicant to have resided in the State of Florida for no less than one year....
...Under the Act, the State of Florida, through its Department of Health and Rehabilitative Services, subsidizes part of the costs of housing, food, clothes, medical services and incidentals for eligible elderly persons who are provided care at home. [1] Florida Statutes § 410.032(1) provides: *70 (1) "Elderly person" means any person 65 years of age or over who is currently a resident of this state and has resided in this state for no less than one year....
...by Plaintiffs in the Southern District and the injury to Plaintiffs occurs in the Southern District. Therefore, the claim arose in the Southern District. Sheffield v. State of Texas,
411 F.Supp. 709, 713-714 (N.D.Tex.1976). [3] CONSTITUTIONAL CLAIMS Section
410.032(1) creates two classes of needy elderly persons indistinguishable from each other, except that one is composed of persons who have resided in Florida for one year or more, and the second of persons who have resided in Florida for less than one year....
...s this Court's conclusion. CONCLUSION For the foregoing reasons, Plaintiffs' motion for summary judgment is granted, Defendant PINGREE is permanently enjoined from enforcement of the durational residency *72 requirement set forth in Florida Statutes § 410.032(1). Further it is declared that the durational residency requirement set forth in Florida Statutes § 410.032(1) denies Plaintiffs and the class they represent equal protection of the laws and impinges on their fundamental constitutional right to interstate travel, and it is therefore invalid....
