Lewis v. Leon County
73 So. 3d 151
Fla.2011Background
- In 2007 the Legislature enacted chapter 2007-62 creating the Offices of Criminal Conflict and Civil Regional Counsel (RCC) to handle conflicts for indigent defendants, replacing the private registry system.
- Section 19 amended section 29.008 to include RCC within the term 'public defenders' offices,' making RCC funding subject to Article V, §14 of the Florida Constitution.
- Twenty-six counties and the Florida Association of Counties sued, challenging §19 as unconstitutional under Art. V, §14 and Art. VII, §18(a).
- The trial court granted final summary judgment for the counties; the First District affirmed, holding §19 unconstitutional under both provisions.
- The Supreme Court granted review to determine whether §19 violates Art. V, §14; it concluded §19 is unconstitutional and unnecessary to reach §18(a).
- The Court explained RCC are more akin to private court-appointed counsel than public defenders and that Art. V, §14(c) lists only overhead costs for specified offices.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §19 of ch. 2007-62 violates Art. V, §14 by shifting RCC funding to counties. | Counties argue §19 unconstitutional under §14. | State argues RCC funding aligns with statutory framework under §14; overrides not required. | Unconstitutional; §19 violates §14. |
Key Cases Cited
- Crist v. Fla. Ass'n of Criminal Def. Lawyers, 978 So.2d 134 (Fla. 2008) (RCC not public defenders; structure replaces private registry counsel)
- City of Gainesville v. Fla. Dep't of Revenue, 918 So.2d 250 (Fla. 2005) (statutory construction with constitutional interpretation framework)
- Zingale v. Powell, 885 So.2d 277 (Fla. 2004) (constitutional provisions interpreted with emphasis on text and intent)
- Fla. Dep't of Revenue v. City of Gainesville, 918 So.2d 250 (Fla. 2005) (precedent on funding and constitutional limitations)
- Franklin v. State, 887 So.2d 1063 (Fla. 2004) (presumption of constitutionality and statutory construction principles)
- Flink v. Canova, 94 So.2d 181 (Fla. 1957) (textual interpretation guiding constitutional analysis)
- Caribbean Conservation Corp. v. Fla. Fish & Wildlife Conservation Comm'n, 838 So.2d 492 (Fla. 2003) (policy against frustrating voters' intent; interpret constitutional provisions consistently)
- City of Fort Lauderdale v. Crowder, 983 So.2d 37 (Fla. 4th DCA 2008) (voter-approved funding revisions under Article V)